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1998 06 02 CC Minutes^"8k LA QUINTA CITY COUNCIL MINUTES JUNE 2,1998 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 Erin Jay, 53-959 Avenida Vallejo, asked the Council to consider her request for financial assistance Written Correspondence Item No. 2) to attend the Junior Statesman Summer School at Yale University in July. As an attendee, she would be studying college-level courses in American Government, Speech and Communication, and Constitutional Law and would have an opportunity to meet and question many of the country's political leaders. She needs approximately $3,000 to cover the cost of tuition, room and board, and airfare and to date has raised approximately $500. She advised that any contribution would be appreciated. Council Member Sniff wished to see the request agendized for the next Council meeting for possible support. In response to Council Member Perkins, Ms. Jay advised that the deadline for paying the tuition is June 8, but she has requested an extension. Mayor Pena asked if she had approached the School District for funding, to which she responded yes but has not received a response. * ****** *** * * Sandra Wright, 10 Florence Lane, Palm Desert, advised that they are seeking representatives from each City Council to participate on an ad-hoc committee to relocate the Palm Desert Town Center Ice Rink Written Correspondence Item No.4). By way of a short-term solution, Coachella Valley Recreation and Park District has agreed to operate the ice rink at the Palm Desert Town Center until November or possibly January. In the meantime, the ad-hoc committee will seek to identify a permanent site, as well as funding strategies and long-term management possibilities. They will also seek to identify contributions from each city. Mayor Pena questioned why developers have not come forward to participate if ice rinks have so many benefits. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 2 June 2, 1998 Ms. Wright stated that they have had some developers voice an interest. Council Member Sniff felt they should be looking to private enterprise for funding instead of government and asked how much they expect to need. Ms. Wright advised that if an existing building is used, a mid-term solution would cost $1-i 5 million. Council Member Sniff felt this should be referred to staff for analysis. David Orme, 78-510 Singing Palms, thanked the Council for selecting him as the City's recipient of the Living for Your 90's" Senior Inspiration Award. The Council expressed their appreciation for his many hours of community service. Pamela Galbraith, P.O. Box 1 687, expressed appreciation to the Council for their support of the recent fund-raising Flanagan's Run" event. She advised that there were 436 entries and approximately $25,000 was raised for the Flanagan family. CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of May 12, 1998, as submitted. Motion carried with Council Member Adolph ABSTAINING. MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of May 1 9, 1998, as submitted. Motion carried unanimously. ANNOUNCEMENTS None BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8k City Council Minutes 3 June 2, 1998 PRESENTATIONS Mayor Pena presented a plaque to Lt. Denver Pittman, of the Riverside County Sheriff's Department, in appreciation for his service to the City of La Quinta. WRITTEN CORRESPONDENCE 1. LETTER FROM S.C. R. A. P. REQUESTING FINANCIAL ASSISTANCE. Council concurred on referring the letter to staff. 2. LETTER FROM ERIN JAY REQUESTING FINANCIAL ASSISTANCE. Council concurred on agendizing this request for June 1 6, 1 998. 3. LETTER FROM I-A QUINTA ON STAGE, INC., REQUESTING FINANCIAL ASSISTANCE. Council concurred on referring this to staff. 4. LETTER FROM AD-HOC COMMITTEE TO RELOCATE THE PALM DESERT TOWN CENTER ICE RINK REQUESTING PARTICIPATION. Council concurred on referring this to staff for a report back to Council. BUSINESS SESSION 1. CONSIDERATION OF RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION TO DISTRIBUTE A REQUEST FOR PROPOSALS FOR THE DESIGN AND CONSTRUCTION OF LANDSCAPING FOR THE ART PIECE AT THE NORTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET IN AN AMOUNT NOT TO EXCEED $30,000. Mr. Herman, Community Development Director, advised that, after reviewing and rejecting three previous design concepts, the Art in Public Places Commission APP) has recommended distribution of an RFP for design and construction of landscaping for the art piece at the northeast corner of Washington* Street and Highway 111 in an amount not to exceed $30,000. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 4 June 2,1998 Their proposal includes demolition of the wall, relocation of the sidewalk, and replacement of landscaping to be consistent with the landscaping currently surrounding the Auto Club. He advised that to move the art piece to another location, as previously discussed by the Council, would cost approximately $100,000. The original contract with the artist, Louis DeMartino, was for two art pieces with the second one to be located in front of the future movie theater. In May 1 996, $28,000 was reallocated from the second art piece to the Highway 111 sculpture, leaving a balance of approximately $14,000 in the APP Fund for the second art piece. Under the contract, the developer is responsible for landscaping the site and has spent approximately $1 1,000 to install electrical service and remove some palm trees. In response to Council Member Perkins, Mr. Herman advised that the $30,000 figure is a guesstimate. In response to Council Member Adolph, Mr. Herman advised that any moving of the art piece would have to be done with the concurrence of both the developer and artist. The artist has copyrights to the art piece, and the developer will own it until 2021, at which time the City will take possession of it. Council Member Henderson asked if the cost of planting material is included in the $30,000 figure, to which Mr. Herman responded yes. In response to Council Member Sniff, Mr. Herman advised that the APP feels that the wall confines the area and that by removing it, there will be more area to landscape. He was not sure about the dimensions of the area. Council Member Perkins was dismayed that the contract limits what the Council can do with the art piece until 2021 and felt contracts should be watched more carefully in the future. He was not prepared to approve $30,000 for landscaping the area. Ed Kibbey, 78-620 Sanita Drive, as a resident, protested the expenditure of $30,000 for landscaping and suggested using the City*s maintenance staff to plant grass in the area. Mr. Herman related the background history of the project and advised that, as part of the contract, the developer has some responsibility for landscaping the area. Mr. Kibbey then addressed the Council as a representative of the Building Industry Association, advising that they are opposed to the use of APP funds BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 5 June 2, 1998 for landscaping the area or for moving the art piece since landscaping of the area was included in the previous contract. Mr. Herman then reviewed the three proposals rejected by the APP, advising that the $90,000 desert cacti design concept was rejected because it is too expensive. The Auto Club was opposed to the artist*s rendition because the large palm trees would obscure their building, and the APP felt the developer*s proposal was too confining. In response to Council Member Adolph, Mr. Herman advised that the art piece was designed prior to the Auto Club being built but not constructed until after the Auto Club was completed. Council Member Adolph felt the art piece and surrounding area are out of proportion and that the area needs to be opened up. In response to Council Member Adolph, Mr. Herman advised that lighting shines down from the art piece toward the base. The area surrounding the base is proposed to be stone or some type of desert look. Council Member Henderson thanked staff for dealing with this issue for such a long period of time and agreed with Council Member Perkins that contracts should be watched more carefully in the future. She felt the art piece is too massive for the area, even with removal of the wall, but it can*t be moved. She advised that the Auto Club has told her that they will go along with any type of landscaping. She felt simplicity is the answer and supported removing the wall and planting sod over the entire area. After six months, the area could be looked at to see if additional plant material is needed. She supported using APP funds for planting sod around the area, treating it much like a project change order. However, she felt the rest of it should be funded from the General Fund. Council Member Sniff wished to see a simple solution with minimal cost and supported an undulating sod solution, along with removing the wall and relocating the sidewalk. He agreed that $30,000 is excessive and supported using APP funds for planting the sod with the rest coming from the General Fund, suggesting a maximum expenditure of $1 5,000. He supported keeping the landscaping simple and open, much like the southwest corner of the intersection. Mayor Pena suggested staff be directed to come back with a cost estimate for landscaping the area as suggested by Council Member Henderson. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 6 June 2, 1998 Council Member Henderson supported moving forward now with an appropriation of $15,000. Mr. Herman stated that he would like to discuss Council's direction with the artist before moving forward. Council Member Henderson advised that she has already spoken to the artist and he supports removing the wall and planting sod. MOTION It was moved by Council Members Sniff/Henderson to continue the matter of the landscaping for the art piece at Highway 111 and Washington Street to June 1 6, 1 998, and direct staff to come back with a report in response to Council's comments. Motion carried unanimously. MINUTE ORDER NO.98-87. 2. CONSIDERATION OF APPROVING PLANS AND SPECIFICATIONS AND AUTHORIZING STAFF TO ADVERTISE FOR BIDS ON THE MILES AVENUEJWASHINGTON STREET WIDENING PROJECT NO.98-07. Mr. Vogt, Public Works Director, advised that staff is requesting approval of plans and specifications and authorization to advertise for bids for the Miles Avenue*Washington Street Widening Project. If the bid is awarded by June 30, the City will receive approximately $343,560 in State Local Transportation Partnership Program SLTPP funding toward construction of the project. The proposed improvements will be on the south side of Miles Avenue and east side of Washington Street and should not be affected by the proposed tennis club street improvements on the north side of Miles Avenue and west of Washington Street. Council Member Sniff asked if the plans take into consideration the proposed tennis club across the street, noting that there is no way to know what the definition of that project will be. Mr. Vogt advised that it has not been included, but he pointed out that the * City's improvements would only be on the south side of Miles Avenue and east of Washington Street. Council Member Adolph asked about the possibility of all four corners being included in the street improvements for the tennis club. Mr. Genovese, City Manager, advised that the City's improvements are not likely to be affected by the project across the street. Furthermore, he pointed BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8k City Council Minutes 7 June 2, 1998 out that the City stands to lose over $343,000 in SLTPP funding if the bid is not let by June 30. Mayor Pena noted that even more could be lost if the needs at the intersection are not anticipated correctly. In response to Council Member Sniff, Mr. Genovese advised that the project will be predominantly funded with RDA Project Area No.2 low-mod housing funds and SLTPP funds. Mr. Vogt advised that the SLTPP funding will be approximately 25% of the engineer's estimate for the project, which is $1 4 million. Council Member Sniff noted that the only way the City can justify using low-mod funds is if the improvements benefit a low-mod project. Mr. Genovese advised that the land was purchased for that purpose. However, if a low-mod project is not built there, the City will have to repay the funds to the Redevelopment Agency. Council Member Henderson did not feel that the proposed improvements would be affected by the tennis club street improvements except for possibly a few driveways. In response to Council Member Henderson, Mr. Vogt advised that the project will include widening the street in front of the mobile home park on Miles Avenue. He advised that if Council wishes, construction can be delayed until the off season. Council Member Perkins feels the improvements are needed, with or without the tennis club, and he didn't believe the tennis club will affect the City's improvements that much. He also felt that, as long as lanes are left open in all directions, the improvements will not impact seasonal traffic that much. In response to Council Member Perkins, Mr. Freeland, Senior Engineer, advised that the improvements will include striping for a left-turn on Miles Avenue. MOTION It was moved by Council Members Sniff/Henderson to approve project plans and specifications and estimates for construction of Project No. 98-07, Miles Avenue and Washington Street Widening, and authorize staff to advertise for bids. Motion carried unanimously. MINUTE ORDER NO.96-88. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 8 June 2, 1998 3. SECOND READING OF ORDINANCES ORDINANCE NO.318 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.29 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. It was moved by Council Members Sniff/Henderson to adopt Ordinance No.318 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None ORDINANCE NO.319 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGE OF ZONE 98-086 TO ALLOW THE RELOCATION OF THE 30-ACRE PORTION OF THE 40 ACRES TOURIST-COMMERCIAL AT AVENUE 48 AND DUNE PALMS ROAD TO THE SOUTHWEST CORNER OF AVENUE 48 AND JEFFERSON STREET AND TO MODIFY THE CONFIGURATION OF THE GOLF COURSE AND RESIDENTIAL ZONE T. D. DEVELOPMENT). It was moved by Council Members Sniff/Adolph to adopt Ordinance No.31 9 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None CONSENT CALENDAR Mayor Pena asked for Item No.8 to be pulled for separate action. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 2, 1998. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY HELEN MARIE NELSON, DATE OF LOSS, FEBRUARY 17, 1998. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 9 June 2, 1 998 3. APPROVAL OF REQUEST BY RIVERSIDE COUNTY HEALTH SERVICES AGENCY REGIONAL ACCESS PROJECT TO UTILIZE THE COUNCIL CHAMBER FOR A FREE LA QUINTA IMMUNIZATION CLINIC ON JULY 8 AND AUGUST 12, 1998, FROM 9:30 A.M. TO 12:30 P.M. 4. APPROVAL OF JOINT USE OF FACILITY AND SERVICE AGREEMENT FOR LA QUINTA BOYS AND GIRLS CLUB FOR FISCAL YEAR 1998/99. 5. APPROVAL OF OVERNIGHT TRAVEL FOR THE MANAGEMENT ASSISTANT, CITY MANAGER'S OFFICE, TO ATTEND THE MUNICIPAL MANAGEMENT ASSISTANTS OF SOUTHERN CALIFORNIA ANNUAL CONFERENCE IN SAN DIEGO, AUGUST 6-7, 1998. 6. APPROVAL OF OVERNIGHT TRAVEL FOR THE SENIOR ENGINEER TO ATTEND A SEMINAR REGARDING WALKABLE COMMUNITIES IN PASADENA, JUNE 11-12, 1998. 7. ACCEPTANCE OF PROJECT NO.96-05 AVENUE 48 EXTENSION AND ADAMS STREET WIDENING IMPROVEMENTS AND AUTHORIZATION TO FILE A NOTICE OF COMPLETION. 8. AUTHORIZATION TO REDUCE SUBDIVISION IMPROVEMENT SECURITY FOR TRACT 28470-1, TRADITION CLUB ASSOCIATES. See separate action below.) 9. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28340-3, KSL LAND CORPORATION. 10. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28444, KSL LAND CORPORATION. 11. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28457, BELLA VISTA. 12. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-3, INCO HOMES. 13. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 28803, KSL LAND CORPORATION. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 10 June 2, 1998 14. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28719, DESERT HOUSING, LLC. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with Item Nos. 9, 10, 11, 12, 13, and 14 being approved by RESOLUTION NOS. 98-53, 98-54, 98-55, 98-56, 98-57, and 98-58 respectively. Motion carried unanimously. MINUTE ORDER NO.98-89. Item No.8 MOTION It was moved by Council Members Sniff/Adolph to authorize a reduction of subdivision improvement security for Tract 28470-1 Tradition Club) and authorize City staff to accept replacement security in the reduced amounts. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO.98-90. STUDY SESSION 1. DISCUSSION OF WASTE MANAGEMENT'S PROPOSED POD* WASTE DISPOSAL SYSTEM. Tom Freeman, 54-220 Avenida Obregon, Vice President of Waste Management of the Desert, stated that he felt there is a need to dispel the notion that a crisis exists with the closing of landfills, noting that the County has predicted that the Edom Hill Landfill will close by 2007 or 2008. He then presented a video presentation of the pod system, which he advised Cathedral City has decided to go with. He further advised that a pod system could be implemented in La Quinta within 90 days, should there be a crisis, whereas a transfer station takes six months to a year and a half to have operational. In addition, with a pod system the City would not be locked into a 20-year commitment like most transfer station operators want. Waste Management feels that a six-year extension on their waste disposal agreement is a reasonable commitment to ask from the City and pointed out that if the City makes a commitment with a transfer station, it will be 20 years before another alternative can be considered. The cost of transferring Cathedral City*s waste to a landfill in Arizona will be less than it would cost to take it to a transfer station. He suggested the City continue using the Edom Hill Landfill and consider a transfer station in the future, keeping in mind that a pod system can be implemented very quickly if needed. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8k City Council Minutes 11 June 2, 1998 In response to Mayor Pena, Mr. Freeman advised that the only difference residents will notice with a pod system is the use of different trucks. Council Member Sniff commented on how the County's projections have varied in regard to landfill close dates. In response to Council Member Sniff, Mr. Freeman advised that Cathedral City will be paying $38.05 per ton for their waste, but their waste collection service is somewhat unique because it includes curbside pick-up of bulky-itemson a daily basis which should cut down on illegal dumping. The pods will handle all types of trash, including concrete and construction waste, which Cathedral City has chosen to send to Edom Hill, Cathedral City has extended their waste disposal contract with Waste Management for an additional six years, making a total of ten years. Council Member Sniff noted that some of the transfer station operators are looking for less than 20 years of waste commitment. Mr. Freeman understood that those proposing transfer stations in the valley are looking for 20 to 23-year commitments. In response to Council Member Perkins, Mr. Freeman advised that four California cities are using Waste Management's pod system. He further advised that landfill rates are going down all over the State because of competition. Council Member Henderson feels there is a crisis and was disappointed with the 40% vertical increase given to Edom Hill. She was supportive of the City's trash going to Arizona, but was concerned about the additional infrastructure damage and air pollution caused by having more trucks on the streets. In response to Council Member Henderson, Mr. Freeman advised that there is no additional recycling once the trash has been placed in a pod. He believes there is less recycling accomplished at transfer stations than what is claimed. With the pod system, a regular waste collection vehicle is used to collect the green waste. Council Member Henderson believed the best recycling is done at residences. She was impressed with Cathedral City's daily pickup of bulky items. This item was referred to staff with no action being taken. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 12 June 2,1998 REPORTS AND INFORMATIONAL ITEMS C. V. Regional Airport Authority Council Member Henderson advised that Indian Wells, Palm Desert, and the County have approved the amended JPA. Coachella and Indio have it on their agendas for next week. SunLine Transit AGENCY/SUNLINE Services Group Mayor Pena reported that SunLine is unable to improve the bus shelters at Washington Street and Avenue 50 at this time because of ADA requirements. They would have to include handicap ramps and 50 feet of sidewalk in each direction from the bus shelter. He further reported that they have monitored the speed of their buses on Avenida Obregon and found them to be within the speed limit. C. V. Mountains Conservancy Council Member Sniff reported that the Big Horn Sheep issue will be on their agenda in July and that new legislation changes may allow expansion of their membership and voting privileges for alternates. All other reports were noted and filed. DEPARTMENT REPORTS None MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING CITY LOGO. Council Member Sniff advised that Fred Rice has approached him with a concern about the Indian Wells Hotel using the Gem of the Desert" in their advertising, noting that the City has used it since incorporation. He wished to have the City Attorney look into it to see if there might be some kind of copyright infringement since the 10th anniversary logo was copyrighted by the City. He also felt the City should consider sending a letter to the hotel asking them to stop using the slogan. Council concurred. Council Member Henderson suggested an initial friendly approach by bringing it to their attention and asking them to stop using it. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8k City Council Minutes 1 3 June 2, 1 998 Ms. Honeywell!l, City Attorney, suggested utilizing some of Rutan and Tucker's legal staff that has copyright expertise. Council Member Perkins didn't have a problem with having legal staff look into it but wasn't sure it would do any good. He advised that Culver City hasn't had much success in keeping others from using their copyrighted logo. Council Member Adolph understood from Fred Rice that he has the copyrights to the slogan. Ms. Honeywell advised that the City copyrighted only the 10 anniversary logo. 2. DISCUSSION REGARDING AB939 CONSULTANT SELECTION COMMITTEE. Mayor Pena asked if there was any desire to have Council representation on the AB939 Consultant Selection Committee. Mr. Herman, Community Development Director, advised that the Consultant Selection Committee, consisting of the Community Development Director, Planning Manager, and Public Works Director, is scheduled to review the RFP responses on June 26, after which, they will make a recommendation to Council. Mayor Pena wished to have an item placed on the next agenda to consider appointing Council representatives to serve on the committee. 3. DISCUSSION REGARDING STARLIGHT DUNES. Council Member Adolph complimented staff for finding a solution to the issue raised by residents of the Starlight Dunes development. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 14 June 2, 1998 CLOSED SESSION Mayor Pena abstained from participating in Item No.4 as he has consistently done in the past and Item No. 2-B due to a conflict of interest. 1. Conference wrth labor negotiators, Tom Hartung and John Falconer, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 Meet and Confer Process. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding litigation: A. REFCO, Case No. CV92-7626RFK B. Traditions, Case No. INCOO37O C. City of Orange V. Alabama Treasury Advisory Program, Case No. BC106461 D. Western Empire Industry V. City of La Quinta, Case No.302768 3. Evaluation of Council-appointed position City Manager, pursuant to Government Code Section 54956.6. 4. 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 southwest corner of Highway 111 and Adams Street. Property Owner/Negotiator: Chris Clarke. 7:00P.M. PUBLIC COMMENT Bob Alcala, of La Quinta, addressed the Council on the matter of the low-income housing being built in the Cove by Coachella Valley Housing Coalition and asked for Council's assistance. Mayor Pena advised that the City's hands are tied and that he needs to contact the Coalition directly. PUBLIC HEARINGS 1. PUBLIC MEETING REGARDING THE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO.89-i, FISCAL YEAR 1998/99. The Mayor declared the PUBLIC MEETING OPEN. Mr. Vogt, Public Works Director, advised that on May 1 9, 1 998, Council adopted two resolutions approving the Preliminary Engineer's Report and declaring intention to levy annual assessments and giving notice thereof. A BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 1 5 June 2, 1 998 Public Meeting was scheduled for June 2 and a Public Hearing for June 1 6. Both meetings have been advertised in the newspaper, along with the proposed changes. Due to the provisions of Proposition 218 and a new parcel reconciliation, the overall estimated revenue for the Assessment District decreased from $825,943 in FY 1997/98 to $796,586. The proposed assessment remains at $35.60 per EDU, but the proposed fee levels will not be approved until the conclusion of the Public Hearing on June 1 6. The purpose of the Public Meeting is to provide affected property owners the opportunity to ask questions and provide testimony in regard to the report. Staff recommended that Council proceed with the Public Meeting. There being no one wishing to speak, the Mayor declared the PUBLIC MEETING CLOSED. There was no action taken. 2. SETTING OF COMMERCIAL AND ROLL-OFF WASTE COLLECTION AND SERVICE FEES SAID FEE IS PROPOSED TO BE A 6% INCREASE. APPLICANT: WASTE MANAGEMENT OF THE DESERT. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that Waste Management of the Desert has requested a 6% increase in the commercial and roll-off service fee, noting that the increase represents 50% of the consumer price index. If approved, the new fee will be implemented on July 1, 1998. He then reviewed the alternatives available to Council. After a brief discussion, Mr. Herman advised that the Public Hearing was duly noticed and that the commercial rates were not scheduled to be heard concurrently with residential rates because commercial rates are billed directly to the user and do not go on the tax rolls whereas under Proposition 218, the residential that goes on the tax roll requires a 45-day notice for public hearing. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.98-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE COMMERCIAL WASTE AND ROLL-OFF COLLECTION SERVICE FEES FOR FISCAL YEAR 1998/99. It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-59 as submitted. Motion carried unanimously. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 1 6 June 2, 1998 3. TENTATIVE TRACT MAP 28522-A REQUEST TO SUBDIVIDE 14.46 ACRES INTO 18 ESTATE SINGLE-FAMILY AND OTHER COMMON LOTS IN SPECIFIC PLANS 83-002 AND 90-017 ON THE EAST SIDE OF RIVIERA, APPROXIMATELY 350 FEET NORTH OF HERMITAGE ABUTTING THE TOM WEISKOPF GOLF COURSE IN PGA WEST. APPLICANT: KSL LAND CORPORATION. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that KSL has requested approval to subdivide 14.46 acres into 18 estate single-family and other common lots. The vacant property is zoned RL Low-Density Residential) and subject to Specific Plans 83-002 Amendment No.3) and 90-017. The lots range from 1 9,817 sq. ft. to 33,231 sq. ft. Detached custom homes are proposed for each lot. The Planning Commission reviewed this request on May 12 and recommended approval, subject to findings and conditions of approval. She then reviewed the alternatives available to Council. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Council Member Adolph, Chevis Hosea, 55-120 PGA West Boulevard, Vice President of Land & Commercial Development for KSL Development Company, advised that they have proposed a gated entry to create a sense of exclusivity. It is intended to be a card entry. There will be 18 lots on 14 acres with the average lot value being over $500,000. RESOLUTION NO.98-60 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN 18 SINGLE-FAMILY AND OTHER COMMON-LOT SUBDIVISION ON 14.46 ACRES LOCATED EAST OF RIVIERA AND 350 FEET NORTH OF HERMITAGE IN PGA WEST TRACT MAP 28522 KSL LAND CORPORATION). It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-60 as submitted. Motion carried unanimously. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8k City Council Minutes 17 June 2, 1998 4. NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-353 FOR REPEAL OF SPECIFIC PLAN 87-009 TO BE REPLACED BY ADOPTION OF VILLAGE DESIGN GUIDELINES; ZONING CODE AMENDMENT 98-060 TO DELETE SUB-ZONE DESIGNATIONS AND CONSOLIDATE DEVELOPMENT STANDARDS; AND CHANGE OF ZONE 98-085 REQUESTING ZONING CHANGES FROM VC, VN, VP, VS, AND VT TO VC, AND THE EXISTING RESIDENTIAL AREA IMMEDIATELY EAST OF THE VILLAGE BOUNDARY FROM VR-10,000 TO RL-10,000-1711. THE PROPOSAL ENCOMPASSES THE EXISTING VILLAGE AREA BOUNDARY. APPLICANT: CITY OF LA QUINTA. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that the existing Village at La Quinta Specific Plan was adopted in February 1 988. On May 20 and December 2, 1 997, Council discussed the Specific Plan and provided input to staff. In addition, three meetings were held with Village property and business owners. The proposed guidelines provide flexibility. The sub-zones have been eliminated which brings the entire Village area under one set of permitted uses and broad development standards. All uses will be subject to obtaining a Village Use Permit. On May 26, 1998, the Planning Commission reviewed the proposed guidelines and zoning changes and recommended approval, along with a recommendation that an urban design consultant be hired to prepare a Village Master Plan. Staff recommended Council approve the proposed project or provide staff with alternative direction. Council Member Adolph complimented staff on the preparation of the design guidelines. Council Member Perkins concurred. Council Member Henderson suggested that the eastern boundary be expanded to include Washington Street from Calle Tampico to Avenue 52. That will include the Civic Center, as well as the shopping center at the corner of Washington Street and Calle Tampico, which is called The Village Center. She felt it would give them a sense of belonging. Mayor Pena suggested establishing some entrance pockets with some special treatments instead of expanding the boundaries, noting that it would get into some residential areas. Council Member Sniff advised that he was the one who suggested reducing the size of Th*Village initially. However, he now feels that the area could be BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 1 8 June 2, 1 998 expanded to Washington Street with some designed gateway entrances that would encourage people to enter. Audrey Ostrowsky, P. 0. Box 351, felt the City should work on getting businesses into the downtown area before implementing parking restrictions. She also urged Council to re-establish two-way traffic around the Frances Hack Park. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph supported expansion to include Washington Street at Calle Tampico and Avenue 52. Council Member Perkins felt the document is a good footprint to get started with and agreed with expanding the boundary to include the Civic Center. He felt an interesting and intriguing area could be developed that will draw people to the area. Mayor Pena agreed that staff has done a good job on the guidelines and supported expanding the boundaries. He also agreed with Ms. Ostrowsky that the City should relax the parking restrictions and not worry about them at this point. Ms. di Iorio and Mr. Herman, Community Development Director, then proceeded to briefly review the parking requirements outlined in the proposed ordinance. Mayor Pen a suggested an incentive for 18 months, noting that it is hard to develop in the downtown area and still meet the parking requirements. Ms. Honeywell, City Attorney, advised that an incentive program would have more to do with the City*s Economic Development Program wherein the City would pay the fees rather than try to draft a temporary provision in the land-use ordinance. Council Member Perkins felt the City should consider constructing municipally-owned parking lots in strategic locations. Council Member Sniff suggested re-zoning some of the large residential lots along Calle Tampico as commercial land. BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02 ^"8kCity Council Minutes 1 9 June 2, 1 998 Ms. Honeywell advised that a zone change of an area outside the current boundaries is not before the Council and suggested changing the name to Village District instead of Village Commercial District. Council Member Sniff felt the traffic flow into The Village should be enhanced. If it is to be successful, it must be easy t9 enter and get around in. He felt people should be encouraged to go into the center and not around the perimeter. Council Member Henderson felt it needs to be market driven and believed the City has provided for that. Council Member Perkins felt the City should be cautious in trying to dictate what type of businesses develop in The Village. Mr. Genovese, City Manager, advised that this item will need to be continued if the area south of Calle Tampico is to be included because the property owners in that area will need to be notified of the hearing. MOTION It was moved by Council Members Sniff/Perkins to continue the matter of the Village Design Guidelines and related items to July 7, 1998. Motion carried unanimously. MINUTE ORDER NO.98-91. Council recessed to Closed Session as delineated on Page 14. 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. Res e tfully submitted, SAUNDRA L JUHOLA, City Clerk City of La.Quinta, California BIB] 07-20-1998-U01 11:01:15AM-U01 ADMIN-U01 CCMIN-U02 06-U02 02-U02 1998-U02