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1997 12 02 CC Minutes^ 1A LA QUINTA CITY COUNCIL MINUTES DECEMBER 2, 1997 Regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT Robert Tyler, 44-21 5 Villeta Drive, suggested Council consider appointing a Blue Ribbon Committee to consider the following election-related issues: 1) political signage clarify or eliminate); 2) change local elections back to consolidate with general State-wide election; and, 3) change the Mayoral position from elected to rotational, or increase the term to four years. Susan Francis, Executive Director of the La Quinta Arts Foundation, introduced the new members of their staff as follows: Kathy Taylor, Rommi Fleishman, Sandy Smith, F Claudia Gamlin, Mark Cardinal, and Gail Richards. CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of November 13, 1997 as submitted. Motion carried with Mayor Pena ABSTAINING. MOTION It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of November 18, 1 997 as submitted. Motion carried with Mayor Pena ABSTAINING. A**OUNCEMENTS None PRESENTATIONS None BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 2 December 2, 1 997 WRITTEN CORRESPONDENCE None BUSINESS SESSION 1. CONSIDERATION OF A REQUEST FOR FINANCIAL ASSISTANCE FROM THE GREATER COACHELLA VALLEY SOAP BOX DERBY. Mr. Wilson, Management Assistant, advised that the Greater Coachella Valley Soap Box Derby GCVSBD) has requested funding in the amount of $3,650 $1,200 for the franchise fee and $2,450 in in-kind services. He advised that the Special Projects Contingency Fund, which has been used to fund this request in the past, does not have any funds available at this time and the alternative funding sources available are the General Fund Reserves and the AB939 Recycling Promotions Fund. He noted that certain criteria would have to be followed for the AB939 funds to be used. Lucia Moran, P.O. Box 1305, Race Director, advised that they would soon be setting a date for the event which will include a recycling component this year. They will be collecting various materials for recycling as well as using recycled materials in their promotional materials. In response to Council Member Adolph, Ms. Moran advised that theV are requesting the same amount they requested last year. In response to Council Member Sniff, Ms. Moran advised that the winning cars in each division would be shipped to Akron, Ohio for the finals along with the drivers and one parent per car. Council Member Sniff believed it's a great event and supported granting the funding. Council Member Henderson totally supported the event in conjunction with using the AB939 funds. Council Member Adolph agreed. MOTION It was moved by Council Members Sniff/Perkins to approve the request for financial assistance in the amount of $3,650 from the Greater Coachella Valley Soap Box Derby funding to come from AB939 Recycling Program-Community Promotions Funds, contingent upon staff determining that it is an appropriate use of those funds. Motion carried unanimously. MINUTE ORDER NO.97-182. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A I City Council Minutes 3 December 2, 1 997 2. CONSIDERATION OF A RESOLUTION APPROVING THE APPLICATION FOR FISCAL YEAR 1997/98 TIRE RECYCLING GRANT PROGRAM FOR PLAYGROUND COVER GRANTS FOR FRITZ B. BURNS PARK. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Wilson, Management Assistant, advised that approval of this application would allow the City to seek grant funding under ABi 843 for the purpose of installing rubber matting under the play structures at the Fritz Burns Park. The cost of the project is approximately $25,000. The grant will pay 50% $12,500) and the City will be responsible for the remaining 50%for which a funding source will be determined at a later date. In response to Council Member Adolph, Mr. Vogt, Public Works Director, advised that it will be a rubberized material and ADA approved, making the play structures handicap accessible. He advised that the material used for the mats would not melt in the heat, but he didn't know what the life expectancy of the mats would be. In response to Mayor Pro Tem Henderson, Mr. Herman, Community Development Director, noted that the same material is used in the matting under F the spray towers at the Fritz Burns Park. RESOLUTION NO.97-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION FOR THE FISCAL YEAR 1997/98 TIRE RECYCLING GRANT PROGRAM FOR PLAYGROUND COVER GRANTS FOR FRITZ B. BURNS PARK. It was moved by Council Members Sniff/Adolph to adopt RESOLUTION NO.97- 94 as submitted. Motion carried with Mayor Pena ABSENT. 3. CONSIDERATION OF AN APPOINTMENT TO THE CITY'S INVESTMENT ADVISORY BOARD AND ART IN PUBLIC PLACES COMMISSION. Council Member Adolph abstained due to a possible perception of special interest and left the dais. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 4 December 2, 1997 At this time the following applicants for the Investment Advisory Board gave a brief presentation on their qualifications and background: Mr. James Bulgrin Mr. Philip Shamis Voting Ballot No. 1: Council Member Henderson voted for James Bulgrin Council Member Perkins voted for James Bulgrin Council Member Sniff voted for James Bulgrin Mayor Pena voted for James Bulgrin MOTION It was moved by Council Members Sniff/Henderson to appoint James Bulgrin to the Investment Advisory Board for a term to expire June 30, 2000. Motion carried with Council Member Adolph ABSENT. MINUTE ORDER NO.97- 183. Council Member Adolph returned to the dais. At this time Ms. Gloria Mucciolo, an applicant for the Art in Public Places Commission, gave a brief presentation on her qualifications and background: MOTION It was moved by Council Members Sniff/Perkins to appoint Gloria Mucciolo to the Art in Public Places Commission for a term to expire June 30, 2000. Motion carried unanimously. MINUTE ORDER NO.97-184. 4. CONSIDERATION OF ASSIGNMENT OF COUNCIL MEMBERS TO REPRESENT THE CITY ON VARIOUS BOARDS/COMMITTEES. Council concurred on the following appointments: COACH ELLA VALLEY ASSOCIATION OF GOVERNMENTS: EXECUTIVE COMMITTEE: Member: John Pena, Mayor Alternate: Ron Perkins, Council Member BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A 1 City Council Minutes 5 December 2, 1 997 CHILDREN & YOUTH COMMISSION: F Staff was directed to find out if the positions have to be filled by elected officials with appointments to be made at the next Council meeting. ENERGY AND ENVIRONMENTAL RESOURCES COMMITTEE: Member: Stan Sniff, Council Member Alternate: Don Adolph, Council Member HUMAN & COMMUNITY RESOURCES COMMITTEE: Staff was directed to find out if the positions have to be filled by elected officials with appointments to be made at the next Council meeting. PUBLIC SAFETY COMMITTEE: Member: Ron Perkins, Council Member Alternate: Terry Henderson, Mayor Pro Tem TRANSPORTATION COMMITTEE: Member: Ron Perkins, Council Member Alternate: Stan Sniff, Council Member CHAMBER OF COMMERCE WORKSHOPIINFORMATION EXCHANGE COMMITTEE: *on three-months rotation basis) F Member: Don Adolph, Council Member COACHELLA VALLEY MOSQUITO ABATEMENT DISTRICT: Board Member: Ron Perkins, Council Member COACHELLA VALLEY MOUNTAINS CONSERVANCY: Executive Board Member: Stan Sniff, Council Member Alternate: Terry Henderson, Mayor Pro Tem COACHELLA VALLEY REGIONAL AIRPORT AUTHORITY: Member: Terry Henderson, Mayor Pro Tem Alternate: Stan Sniff, Council Member PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS BUREAU: Executive Board Member: Terry Henderson, Mayor Pro Tern Alternate: John Pena, Mayor P.S. D. R. C.& V. B. AIRLINE SERVICE COMMITTEE: Member: Terry Henderson, Mayor Pro Tern BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 6 December 2, 1 997 SUNLINE TRANSIT AGENCY: Board Member: John Pena, Mayor Alternate: Don Adolph, Council Member LIBRARY SERVICE ZONE ADVISORY BOARD: Member: Terry Henderson, Mayor Pro Tern Alternate: Don Adolph, Council Member JOINT POWER INSURANCE AUTHORITY: Member: Don Adolph, Council Member MOTION It was moved by Council Members Sniff/Henderson to confirm the aforementioned appointments. Motion carried unanimously. MINUTE ORDER NO.97-185. 5. SECOND READING OF ORDINANCES ORDINANCE NO.310 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING TITLE 2, CHAPTER 2.20.160 TO THE LA QUINTA CHARTER AND MUNICIPAL CODE. It was moved by Council Members Sniff/Henderson to adopt Ordinance No.310 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: None ABSENT: None ABSTAIN: Mayor Pena ORDINANCE NO.311 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 8, CHAPTER 8.06 TO THE LA QUINTA CHARTER AND MUNICIPAL CODE. It was moved by Council Members Sniff/Henderson to adopt Ordinance No.311 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: None ABSENT: None ABSTAIN: Mayor Pena BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A City Council Minutes 7 December 2, 1 997 ORDINANCE NO.312 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY WITHIN THE CITY AS DESCRIBED IN ZONE CHANGE 97-084. It was moved by Council Members Sniff/Henderson to adopt Ordinance No.312 on second reading. In response to Council Member Adolph, Mr. Herman, Community Development Director, advised that the change of zone in this ordinance is tor only one lot in a different phase than the phase in Consent Calendar Item No.5. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: None ABSENT: None ABSTAIN: Mayor Pena P CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 2, 1997. 2. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE DINERS CLUB MATCHES TO BE HELD AT PGA WEST, DECEMBER 10-14, 1997. 3. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE LEXUS CHALLENGE TO BE HELD AT LA QUINTA RESORT AND CLUB'S CITRUS COURSE, DECEMBER 17-20, 1997. 4. ACCEPTANCE OF VARIOUS CITYWIDE LANDSCAPE IMPROVEMENTS, PROJECT NO. 96-04 AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. 5. APPROVAL OF FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28470-2, TRADITION CLUB ASSOCIATES, LLC. 6. AUTHORIZATION FOR STAFF TO TRANSFER FUNDS TO COVER THE COST OF RENTAL FEES AND INSURANCE COSTS ASSOCIATED WITH THE USE OF THE SENIOR CENTER FOR THE MISS LA QUINTA PAGEANT." BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 8 December 2, 1 997 7. REJECT HERNANDEZ, KROONE, & ASSOCIATES AND AWARD A PROFESSIONAL SERVICES AGREEMENT TO TRI LAKE CONSULTANTS TO PROVIDE FIELD INSPECTION SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS DURING FISCAL YEAR 1997198. 8. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28340-2, KSL LAND CORPORATION. 9. APPROVAL OF PLANS, SPECIFICATIONS, AND AUTHORIZATION FOR STAFF TO ADVERTISE FOR BIDS TO MODIFY HIGHWAY 111 LANDSCAPE MEDIANS. 10. REVIEW AND APPROVAL OF ANNUAL REVIEW OF HOME DEPOT DEVELOPMENT AGREEMENT. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended with Item Nos. 2 and 3 being approved by RESOLUTION NOS. 97-95 and 97-96 respectively. Motion carried unanimously. MINUTE ORDER NO.97-186. STUDY SESSION 1. DISCUSSION OF LIBRARY OPERATIONS. Mr. Weiss, Assistant City Manager, in reviewing some of the history related to this issue, advised that the City pays over $500,000 annually into the County Free Library System and receives approximately $140,000 in library services. The County has enhanced the library hours somewhat, but the annual expenditure for library services remains the same. He advised that on October 21, 1 997, Council adopted a resolution giving notification of intent to withdraw from the County Free Library System and, in effect, pursue a municipal library system and in response, the County has submitted a proposal for enhanced library services. Staff asked for direction as to whether or not to continue pursuing withdrawal from the County system or to pursue the County's proposal, noting that it will take some time to get a municipal library in place by July 1,1998. Council Member Henderson felt it's evident from the County's recent proposal, that they recognize the City's needs, and she didn't feel that the City could provide within the next two years, more than what the County is offering to provide immediately. She noted that they're proposing to keep the library open 40 hours a week, six days a week, including two evenings, and possibly on Saturday or Sunday and she wasn't sure the proposal has been shared with BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A a City Council Minutes 9 December 2, 1997 anyone at the library or with the Friends of the La Quinta Library, but she felt P they would approve. If the City can receive the library services listed in the proposal and maintain the regional effort which benefits the entire Coachella Valley, then she wished to continue working with the County for at least two more years, noting that the City would maintain the option of withdrawing should the County's proposal not become a reality. She noted that it would give the City additional time to pursue library services in the northern part of the City through a cooperative effort with the La Quinta High School. Council Member Sniff disagreed. He felt the City should set its own course and lease a facility until a City-owned library can be built. He felt withdrawing from the County system is a positive and logical direction to take and preferred moving forward on that basis. It's important to think long-term and he felt the County system hasn't worked out. He supported local control and wished to see a municipal library built on the Civic Center Campus. In response to Council Member Adolph, Ms. Honeywell, City Attorney, advised that the $10 million referenced in the County's letter of May 7, 1997 is related to the Redevelopment Agency's Pass-Through and Settlement Agreements with the County. County Counsel was trying to clarify that any agreements changing library services would not impact that $10 million because it is not related. There's been some discussion about how the library funds would be returned, F but it won't be finalized until Council gives further direction on which way they wish to go. Council Member Adolph noted under the County's proposal, that the return in library services is still $150,000 short each year of what the City would be paying and asked if the County has given any indication of further enhancing the services. Council Member Henderson felt the dollar amount attached to the County's proposed library services reflects the economies of scale and that the City may not be able to provide the same services for that amount because there's a benefit in economies of scales for everyone involved in a regional effort. In response to Council Member Henderson, Ms. Honeywell advised that all of the monies in the Pass-Through Agreement would come back to the City, but there may be some discretion on how that's done. She recommended that the Pass-Through Agreement not be amended, but rather that a following agreement be entered into whereby the County would agree to transfer the funds back to the City for library purposes, noting that once the funds are passed through to the County, they're no longer Agency funds and would be BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 10 December 2, 1997 returned to the City for library purposes. That particular concept is still being developed for the County to consider. Council Member Henderson believed there would be a number of complexities to work out in order for the City to provide the same library services offered by the County by July 1998, pointing out that it was hard for LSSI to get up to speed in the time period they had. In response to Mayor Pena, Mr. Genovese, City Manager, advised that the County's proposal is a result of a meeting that he and Council Member Henderson had with the County about a month ago. The major tone of the discussion was in relation to the County's wish to lease and expand a library facility rather than build one on the Civic Center Campus. No long-term commitments were made by either party and a specific site was not discussed due to the unique layout of the City and the need to determine where a library and/or satellite facilities should be located. In response to Mayor Pena, Mr. Weiss advised that staff has contacted the cities of Palm Springs and Rancho Mirage in regard to their library systems. Staff has also talked to LSSI to find out if they would be interested in submitting a proposal to operate a municipal library. Furthermore, the City may want to tap into their library resources if we withdraw from the County system. Council Member Henderson felt that it's unfair to say that the County system isn't working when LSSI, who she felt is doing an excellent job, has been running the current system for only one year. She supported local control which she felt exists, at least regionally, under the County's library zone system, and believed construction of a library should be high priority, whether done by the County or by the* City. She felt the question is whether or not to stop the effort going into the County's proposal and switch to a municipal effort, noting that economies of scale come into play which she felt usually works. She didn't recommend a long-term commitment, but felt the City should stay with the County system at this point. Mayor Pena felt the County's proposal is a vast improvement over the current services and he agreed that the City must at some point, make a decision about constructing a library, but felt in the interim the City would be hard pressed to meet some of the deadlines that would be required should the City proceed on its own. He suggested getting input from the Friends of the La Quinta Library and perhaps consider this issue again at the next Council meeting. Council Member Perkins felt the City's current return on its money for library services is bad and that the new proposal for a higher return is still not a good BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A a City Council Minutes 11 December 2, 1 997 deal. He realized it's going to take some time and ground work to get a municipal system in place and wished to add a discussion to the next agenda regarding the selling of bonds to construct a library and other facilities. He felt the City should work toward constructing a library on its own property, noting that La Quinta is the fastest growing City in the valley. If the City is going to stay with the County system for now, then it should work aggressively to acquire a municipal library as quickly as possible. Council Member Henderson noted that the County's proposal includes not only a return in services of $348,000 annually, but also a one-time moving cost of $363,000 which brings the two-year average return to over $500,000 annually. She suggested going with the County for the next two years while the City explores its options for the third year. Council Member Sniff questioned the one-time-moving-cost figures. Rob Atkins, 52-470 Avenida Madero, Membership Chairman and Treasurer of the Friends of the La Quinta Library, advised that they would review the County's proposal at their regular meeting on Wednesday. Mayor Pena suggested this matter be re-agendized for the next Council meeting F in order to give the Friends of the La Quinta Library an opportunity to submit their comments. Council Member Henderson noted that the County is looking at a 10,000 sq. ft. storefront near Wal-Mart and at the professional office building on Calle Tampico. Council Member Adolph asked Mr. Atkins if he was familiar with LSSI's mode of operation to which Mr. Atkins responded no. Mayor Pena suggested an informal survey to which Mr. Atkins advised that one was done by LSSI a few months ago, but prior to the increased hours. In response to Council Member Adolph, Mr. Weiss advised that it would be feasible to have a municipal library with minor enhancements in place by July 1st, but a more dramatic break from the existing system would be more difficult to accomplish in that same time period. Should the City withdraw from the County system, an easy transition would be best. Council concurred on directing staff to agendize this matter for December 1 6, 1 997 for further discussion. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 12 Dec*rnber 2,1 997 Council concurred on taking up Study Session Item No.3 at this time. 3. DISCUSSION REGARDING THE HILLSIDE CONSERVATION AREAS AND REGULATIONS. Ms. di Iorio, Planning Manager, advised that in April 1 997, Council directed staff to research the City's Hillside Conservation Ordinance. Staff has found that a majority of other cities, who tend to focus on permi*ing hillside development as opposed to conserving the hillsides, use the slope-averaging method instead of the toe-of-slope method. She noted that the hillside ordinances of Rancho Mirage and Indian Wells are more restrictive than La Quinta's ordinance. The opportunities for annexation are possible if the conservation goals are compatible with agency goals and there's a potential public relations benefit. In reviewing the City's hillside boundaries, *he noted that many of the hillsides surrounding La Quinta are private property or wt'hin the boundaries of other agencies such as BLM and the City of Indian WelI'*. Council Member Sniff suggested looking into annexing the h. controlled by BLM. Council Member Henderson noted that they're stricter than La QuinLd *nd Mayor Pena pointed out that La Quinta controls access to those areas a* well. Ms. di Iorio then proceeded to review two case studies: the Green Specific Plan, which is located south of Lake Cahuilla and the Quarry development; and the Richard Meyer property, which is north of the Green property. She advised that the Green property has 20% slopes to be graded into terrac*3s that could result in sharp lines of demarcation and scarring. The Meyer propet ty, under the City's existing ordinance, could be developed above the toe of slope sirn*ar to the six lots at the Tradition Club. She noted a conflict in the ordinance, ad*ising that Section B)(2) states that *... shall determine the bounda*y be*ween developable and undevelop able by toe of slope," and Section B)(1 stutes that, In general, alluvial fans not exceeding 20% slope are developable... Mr. Speer, Senior Engineer, then presented some aerial photographs Qf the land south of the Quarry, pointing out the Green and Meyer property locations; and he showed the grading plan for the Meyer property which is above the toe of slope. He also demonstrated two different methods of determining the location of the toe of slope the boulder field method and canyon width method. He noted that there's enough latitude in the current ordinance to allow. property owners to cut down some of the area above toe of slope. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A City C'ounci,l Minutes 13 December 2, 1 997 In response to Council Member Sniff, Mr. Herman, Community Development Director, advised that the ordinance is intended to not allow development above A 20% slope. That percentage is completely discretionary and can be changed. He ca*utioned, however, that reducing the percentage too much would restrict development in the Cove. Iri response to Mayor Pena, Mr. Speer advised that the Cove is about 4% slope at the steeper portion. * J * In response to Council Member Adolph, Mr. Speer advised that he recommends using the alluvial fan side of the analysis block as opposed to the mountain side to determine the toe of slope. He further advised that an exception may need to be made for wind-borne, alluvial materials and noted that compaction of wind-born materials would be difficult in steeply-sloped areas. * re*sponse to Council Member Sniff, Mr. Speer confirmed that the accepted analysis of toe of slope is where the alluvial fan meets the rock. Council Member Sniff felt the toe of slope should be the natural contour, not an elevated contour achieved by placing fill against the mountain as has been done in some instances. He wished tb see the ordinance tightened up wherever egally possible and some consideration given to annexing the mountains adjacent to the Indian Wells boundary. He asked if the mountain slopes could be considered for historical preservation, given the presence of bedrock mortars aiid traveling by Indians years ago. A' Ms. di Iorio advised that such sites are recorded and could receive a national *desi*hation if they meet the criteria, or the City could establish local landmark status for archaeological sites with certain criteria. She confirmed that the trails also*have the potential for historical preservation. Council Member Sniff suggested looking into changing the 20% slope to a smaller number. Mayor Pena agreed and asked if the City has any advantage in dealing with the *of,her agencies since it's a Charter City to which Ms. Honeywell advised that charter status has no impact on Federal regulations. Council Member Adolph supported the City taking a look at the ordinance to protect not only the hillsides, but also the rights of the property owners and to make it more compatible with what the community wants. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 14 December 2, 1 997 Council Member Sniff felt the City's public safety prerogatives should be looked at as well as it relates to locating sites in high-risk areas. Ms. di Iorio then reviewed what appears to be the Council's issues as follows: 1) staff to define boulder fields and canyon widths and make recommendations for possible development; 2) use an understandable formula to identify the toe of slope; 3) look into annexation; 4) develop a section regarding wind-borne materials; and, 5) look at reducing the 20% slope figure. Council concurred on the above issues. Staff also asked for clarification on how development should be allowed above the toe of slope. In response to Mayor Pena, Ms. di Iorio advised that access roads, not exceeding 15% grade, are allowed, but must not be visible if at all possible. Mr. Herman noted that developers can receive credit if development is limited in the hillside and forced down into developable areas. Council Member Sniff felt the use of fill material against the mountains should also be considered as well as the public safety issue. Council Member Adolph asked if the number of alluvial fans in the City is recorded to which Ms. di Iorio responded no, but noted that it*s a requirement for analysis by the developer. Mayor Pena suggested Council take a tour of the hillside areas. Bob Ross, RBF Engineering, felt the boulder fields" definition was somewhat subjective and very conservative and suggested the slope be considered. Mayor Pena suggested he work with staff on a definition. Council Member Henderson complimented staff for their hard work on this issue. Mr. Herman advised that staff would address the points raised by Council and, upon conclusion of the site visits in January, present a revised ordinance to the Planning Commission in February and to the Council in March. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A City Council Minutes 1 5 December 2, 1997 F Council Member Henderson suggested the tour invitation be extended to the Planning Commission as well. Council concurred. 2. DISCUSSION REGARDING THE VILLAGE PLAN. Ms. di Iorio, Planning Manager; advised that in March 1 997, staff met with business and property owners of The Village to discuss the Village Specific Plan. Various solutions were discussed as follows: 1 retain an art focus and establish a permanent Arts Festival location; 2) make the Frances Hack Park a major focus for Village activities; 3) create a Village Stakeholder Committee; 4) enhance the Mainstreet Marketplace; and, 5) be consistent in use approvals. She noted that the Cal Poly Pomona Study verified the most previously- identified problems and issues and it concurred that The Village needs a special draw to compensate for the lack of traditional commercial development precursors. It also presented a bold plan for a resort/hotel and spa. She advised that staff is looking for direction regarding the Village Specific Plan and presented the following options for Council's consideration: 1) eliminate the existing plan and zoning in favor of more flexible, conceptual guidelines; 2) F establish a program to address interim improvements; 3) purchase the Frances Hack Park; 4) focus on attracting events and activities to draw people to The Village; 5) limit requirements placed on temporary events; 6) reduce required parking and/or allow alternative means; 7) provide interim streetscape enhancements; and, 8) increase attention to The Village area concerns. Council Member Sniff felt a bold stroke should be considered, but wasn't sure the idea of a resort/hotel and spa was the answer. He suggested a tower with an elevated restaurant and shops on the ground level and wished to see a historical/cultural plaza in concert with the La auinta Historical Museum. He felt the City should stop waiting for something to happen and develop a comprehensive plan of its own. He suggested land banking and breaking up the area into sub-zones to make development easier to accomplish, cutting down the massive cost of infrastructure. Mayor Pena felt a realistic approach should be taken, noting that more and more activities are being lost to the Highway 111 Corridor and that the arts focus is moving out of The Village. He was disappointed that none of the property owners were present to help determine the destiny of The Village, noting that that has always been part of the problem. He felt some short-term incentives would help, such as lessening some of the requirements and possibly enhancing BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 1 6 December 2, 1 997 the lighting in the restaurant areas, including Calle Estado. He also liked the idea of expanding the street fair to include some daytime hours, possibly on Saturday, but felt a main draw is needed, noting that economics and marketing have always been a problem. Council Member Henderson felt the property owners have lost interest because the infrastructure hasn't been provided, but didn't feel it's feasible for the City to provide infrastructure at this time. Council Member Sniff felt if the area was divided into sub-zones, that the City could take an area like Calle Estado and accomplish something meaningful and attractive and possibly create some sense of excitement. Mayor Pena noted that most of the businesses in The Village are located on Calle Estado. Council Member Henderson agreed that lighting on Calle Estado is a big issue, even in regard to the library. Mayor Pena felt it would be relatively inexpensive for the City to provide some lighting improvements and that it would enhance the area and provide the merchants with the most benefit. Council Member Sniff suggested a sidewalk be constructed on the south side of the street as well. Mayor Pena agreed. Council Member Sniff noted that Council set aside $1 50,000 in the budget for infrastructure and suggested using it for these improvements. Council Member Henderson wished to see the beginning" infrastructure fund left intact for a few years and preferred using some of the $1 60,000 set aside for a park in the Cove. Mr. Herman asked what type of changes Council wished to make to the Specific Plan. Mayor Pena suggested a modified Village Plan without a lot of the restrictions, such as parking. Council Member Perkins didn't feel that it works for cities to plan areas for certain types of business and felt that the Village Plan should be eliminated. He BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A City Council Minutes 17 December 2, 1 997 agreed that property owner involvement is needed and believed that in order to layout the infrastructure, the City needs to know what type of development is going to go in. He supported finishing the sidewalk on Calle Estado and the installation of lighting, suggesting some type of rustic, old-fashioned style be used as opposed to traditional lighting. He felt The Village property owners want too much for their property and that they should work with the City in coming up with some ideas. In response to Council Member Perkins, Mr. Vogt advised that staff is looking into the parking stall problem in The Village parking area. Mr. Genovese, City Manager, pointed out that economic development issues exist as well as planning issues. The City has tried 10-1 2 different proposals in The Village, but some serious economic deficiencies have hindered those efforts. He agreed that a lot of the problems relate to infrastructure, but felt there must be enough synergy for something to happen and noted that the Economic Development Plan shows that the focus of current development has moved to Highway 111. Council Member Henderson felt it's time to move on from the current Specific Plan and believed its restrictions have stopped some minor development from F happening. Council Member Sniff agreed with relaxing the restrictions and simplifying the process and felt the way to go is to do something in demonstration areas, such as Calle Estado and the Historical Museum area. Council Member Adolph agreed that Calle Estado is a good area to do some type of enhancement, but agreed with Council Member Henderson in wishing to keep the infrastructure fund intact for a few years. Mr. Herman then reviewed what he understood Council's direction to be as follows: revise the Village Specific Plan with some general guidelines for development; create zoning without sub-zones; reduce the parking regulations; and, discuss some interim improvements in the plan. He asked if Council wished to expand The Village beyond the current 90 acres. Council concurred on not expanding the boundaries. Council Member Henderson advised that she would support some consideration of a purchase or land, swap for the Frances Hack Park in order to change it from a playground to some type of town square. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 1 8 December 2, 1 997 In response to Mayor Pena, Mr. Herman advised that the date grove north of Calle Tampico is zoned for auto-related type of uses where parking could be accomplished, office, etc. Once the revisions have been made to the Village Specific Plan, staff will try to stimulate some participation from the property owners and schedule public hearings before the Planning Commission and City Council, probably in July 1 998. Council Member Adolph asked if staff has received any input from property owners in The Village since the commercial parking restrictions were relaxed under the Zoning Ordinance to which Mr. Herman responded no. Council Member Sniff wished to have staff bring back some options for possibly trading something for the Frances Hack Park in order to transform the area into some type of cultural plaza. Council concurred. Council recessed to 7:00 p.m. 7:00P.M. PUBLIC COMMENT James Cicalese, 54-825 Avenida Juarez, felt there's somewhat an over-bearing law enforcement and code enforcement presence in the Cove, advising that his unregistered vehicle was towed away recently without any prior notification to move it off the street. In addition, a lot of vehicles are being stopped for rolling through stop signs and his neighbor is being cited for parking a tow truck in his driveway overnight which he needs for night responses. Council Member Henderson noted that commercial vehicle parking regulations were recently reviewed by Council and advised that she, too, has been stopped recently for not completely stopping at a stop sign. Trent Butzlaff, 45-712 Indian River Road, lndio, owner of Plaza Shell Towing, advised that he has been cited three times this year for having his commercial vehicles parked in the driveways of his drivers' homes in La Quinta. He advised that having to park the vehicles elsewhere is not only a burden for him and his drivers, but an inconvenience and safety factor for those individuals who break down, especially at night, and have to wait from 45 minutes to an hour for a tow truck instead of 10-1 5 BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A City Council Minutes 19 December 2, 1 997 minutes. He's under contract with the Auto Club and several law enforcement agencies to provide towing service within 1 5 minutes and asked Council to consider exempting tow trucks from the ordinance as emergency vehicles just as CVWD, lID, and GTE vehicles are exempted. The trucks are parked for only six to eight hours an evening, two to three nights a week and none of the neighbors have complained. Council Member Sniff felt Council should reconsider the commercial parking regulations. No direction was given. PRESENTATIONS Mayor Pens and the City Council presented Art Wall Certificates to the following students of La Quinta Middle School whose artwork has been displayed at City Hall: Nick Aguayo Adrian Garcia Eric Martinez Jose Aguilar Billy Gibbs Joel Miller Leticia Aldaz Rachel Gonzales Alan Montenegro Breanne Bielawa Collin Hackett Frank Puchi Jennifer Calderon Jason Jeffery Martha Ramirez F Richard Carrasco Jason Johnson Elda Rood Camille Castanon Jazmine Kivett Lucero Sanchez J. R. Cortez Cesar Lara Ricardo Sanchez Andrea Crowther Andre Lerma Kristina Schumacher Paola Davila Erica Levish Brian Smith Gabriel De La Rosa Korbin Loder Sean Stanfill Nicole Diggs Ivan Macias Christy Tiaga Kelsey Frank Felicia Maciel Vanessa Velasquez Courtney Freitag Jeff Mackinnon Karla Whorley Craig Wildfong PUBLIC HEARINGS 1. TENTATIVE TRACT MAP 25953- A REQUEST TO CERTIFY ENVIRONMENTAL ASSESSMENT 97-346 AND APPROVE A ONE-YEAR TIME EXTENSION AND REVISIONS TO AN APPROVED SINGLE-FAMILY SUBDIVISION OF 132 RESIDENTIAL AND OTHER COMMON LOTS ON 38.4 ACRES LOCATED ON THE NORTHWEST CORNER OF MILES AVENUE AND DUNE PALMS ROAD. APPLICANT: OLIPHANT & WILLIAMS. Ms. di Iorio, Planning Manager, advised that the applicant is requesting approval of a third, one-year time extension for Tract 25953. The tract is zoned Low- BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 20 December 2, 1997 Density Residential and has lots ranging from 7,200 to over 1 5,000 sq. ft. and house sizes ranging from 1 724 to over 2,200 sq. ft. The Planning Commission has recommended approval subject to conditions. Staff recommended Condition No.62 be deleted because SunLine Transit Agency is not requesting bus turnouts. The Planning Commission has requested a review to possibly require school bus turnouts, an issue which the applicant wishes to address, as well as Condition No. 91, which is a condition added by the Planning Commission to remove the lot adjacent to the entry in order to increase the landscaping. Council Member Adolph asked why the applicant is proposing to construct a wall immediately adjacent to an existing wall and why the buildings do not have overhangs. Ms. di Iorio advised that the applicant would have to address the wall issue. In regard to roof overhangs, she advised that the requirement was eliminated from the Zoning Ordinance at the request of the Building & Safety Department because the shading issue was something that they wished to enforce through their energy standard requirements. Dick Oliphant, 77-900 Avenue of the States, Palm Desert, advised that he wished to address two issues the school bus turnout and the elimination of the lot at the entry. In regard to the bus turnout, he advised that SunLine is not interested in bus turnouts in this area, but the School District, who wasn't even aware that they could request bus turnouts until now, have advised that they plan to request them in all projects, of which this will be the first, if required. Constructing a bus turnout in this location will be a physical problem to overcome and he wasn't sure it would generate the safety condition that the School District is looking for. They've offered to provide a bus stop on Nueva for this project and the Quinterra tract, but the District says that they do not enter projects. The turnout would be used only temporarily because within two to three years, elementary and middle schools will be constructed within walking distance. In regard to eliminating the lot, they proposed an alternative solution whereby their map would be amended to provide a landscaped area to make that side somewhat symmetrical with the other side of the entry. In response to Council Member Adolph, Mr. Oliphant advised that they will adhere to the required energy standards, but overhangs aren't used on every window in order to provide some architectural opportunities. In regard to constructing a wall adjacent to an existing wall, he advised that they can't use the existing one because it's not on their property. The Mayor declared the PUBLIC HEARING OPEN. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1A City Council Minutes 21 December 2, 1997 There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Council Member Henderson, staff proposed modified language for Condition No.91 to read, Prior to final map approval, lots 9-14 shall be shifted to the north so as to accommodate a 10-foot-wide landscape setback from back of sidewalk." She noted that deleting Condition No. 62 would change Condition No.91 to No.90. RESOLUTION NO.97-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING ADOPTION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 97-346 PREPARED FOR REVISED TENTATIVE TRACT MAP 25953 TIME EXTENSION NO.3) OLIPHANT & WILLIAMS, INC.). It was moved by Council Members Sniff/Henderson to adopt Resolution No.97- 97 as submitted. Motion carried unanimously. RESOLUTION NO.97-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING REVISIONS AND A THIRD ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 25953 TO ALLOW A 132-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION AND MISCELLANEOUS LETTERED LOTS ON APPROXIMATELY 38.4 ACRES OLIPHANT & WILLIAMS, INC.). It was moved by Council Members Sniff/Henderson to ad9pt Resolution No.97- 98 as amended deleting Condition No.62 and modifying the language of Condition No.90 previously No.91) as proposed by staff). Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 22 December 2, 1997 DEPARTMENT REPORTS C. PARK & RECREATION COMMISSION APPOINTMENT. Council concurred on directing staff to agendize a discussion of boards/commissions for the second meeting in January and to not accept any further applications. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF DECLARING DECEMBER 26, 1997 A CITY HOLIDAY FOR CITY EMPLOYEES. Council Member Sniff felt it would be a positive gesture toward staff to declare December 26th and January 2nd *both Fridays) as City holidays. He felt having a work day between a holiday and the weekend would not be productive. A brief discussion ensued, resulting in Council indicating its desire to give City employees December 26th and January 2nd as holidays to be implemented administratively or agendized for the next Council meeting for formal action. 2. DISCUSSION OF LOCATION OF UTILITY BOXES AT INTERSECTIONS. Council Member Adolph noted the presence of four large utility boxes at the Jefferson Street/Highway 111 intersection where the City's monument sign is proposed to be installed. He suggested the possibility of relocating the boxes so as not to interfere with the statement that Council is wishing to make with the new monument sign and felt a policy should be considered to keep such boxes away from the corners in the future. Mr. Genovese, City Manager, advised that staff is looking into the options available regarding these boxes. 3. DISCUSSION OF COUNCIL DECORUM. Council Member Perkins noted that under the protocol laid out in the Council's Rules of Procedure, once a Council Member has spoken on an issue, he/she are not supposed to discuss the issue any further until the other Council Members have had an opportunity to speak to the issue. He further noted that the Mayor usually speaks last and asked that such procedures be followed in the future to give everyone equal opportunity. BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02 ^ 1ACity Council Minutes 23 December 2, 1997 Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session. CLOSED SESSION Council Member Adolph abstained from participating in Item No.2 due to a conflict of interest and Mayor Pena abstained from participating in Item No.3 due to a conflict of interest. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation: Dr. Tynberg eminent domain, Case No.088851. 2. Conference with City'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 La Quinta Center. Property Owner/Negotiator: Dick Oliphant. 3. Conference with City'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 southeast corner of Highway 111 and Adams Street. Property Owner/Negotiator: Chris Clarke. 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. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-13-1998-U01 10:07:09AM-U01 ADMIN-U01 CCMIN-U02 12-U02 02-U02 1997-U02