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1998 09 15 CC Minutes^UL LA QUINTA CITY COUNCIL MINUTES SEPTEMBER15, 1998 Regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph 3:05), Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT None Council recessed to Closed Session to and until the hour of 3:00 p.m. CLOSED SESSION Mayor Pena abstained from participating in Item No.5 as he has consistently done in the past. 1. Conference with labor negotiators, Tom Hartung and John Falconer, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54956.6 Meet and Confer Process. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: A. KSL/Peters, Case No.992597 B. Hanover, Case No.085167 C. La Quinta V. Diehl Evans, Case No.782308 3. Conference with legal counsel pursuant to Government Code Section 54956.9(c) regarding potential litigation. 4. Evaluation of Council-appointed positions City Manager, City Attorney, and City Clerk, pursuant to Government Code Section 54956.6. 5. 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. PUBLIC COMMENT Barbara Irwin, 44-065 Camino La Cresta, President of La Quinta Historical Society, advised that the Historical Society has voted to recommend to the City Council that the Gambel Quail be accepted as the City bird, the smoketree as the City tree, and the purple sand verbena as the City flower. Council concurred on agendizing this matter for October 6. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 2 September 1 5, 1 998 Council Member Adolph joined the meeting at this time.) CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of August 18 and September 1, 1998, as submitted. Motion carried with Council Member Adolph ABSTAINING. ANNOUNCEMENTS None PRESE*TATIONS Richard Oliphant gave a presentation on the Garden of Champions" tennis complex proposed to be built at Miles Avenue and Washington Street. He gave a brief history of the Newsweek Tennis Tournament, noting that tennis is the second largest sp6rt in the world and that the Newsweek event has a greater viewing audience than the Super Bowl, which provides the Coachella Valley with great exposure. The costs associated with sponsoring the sixth largest tennis tournament in the world continues to increase each year and they have exhausted their ability to attract any more sponsors at their current site. In addition, their current site can accommodate only 40 members of the print media and last year they had 400. Every major tennis stadium in the world is publicly owned and he nQted.that building such a complex without any public assistance would be a challenge. They have a 20-year franchise on the tournament at the proposed site. He reviewed various aspects of the facility, including a 1 6,000-seat main stadium, which is sunken 35 feet below ground level, a hospitality area, additional tennis courts, parking areas, etc. The court lighting will be directed down onto the courts and not on the audience and night-time tournaments will only be held during the last four nights of the tournament. There will be six night-lighted courts available for member-play throughout the year. Most of the parking will be grassed, with only 1 250 spaces paved. He concluded his presentation by reviewing how traffic would flow in and out of the facility and advising that they are negotiating with two different hotels to locate adjacent to the facility. He advised that they are also planning to build a west coast tennis academy and using the tennis complex for the training. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 3 September 1 5, 1 998 WRITTEN CORRESPONDENCE 1. LETTER FROM LA QUINTA CHAMBER OF COMMERCE REQUESTING A TEMPORARY SIGN ON CITY PROPERTY FOR MAINSTREET MARKETPLACE. Council concurred on directing staff to agendize this request soon. 2. LETTER FROM YWCA REQUESTING' SPONSORSHIP IN GOLF* TOURNAMENT. Council concurred on sending a letter of encouragement, but not participating as sponsors. BUSINESS SESSION 1. CONTINUED CONSIDERATION OF DESIGN CONCEPTS AND LOCATIONS FOR ARTWORK TO BE INCLUDED IN THE WASHINGTON STREET BRIDGE WIDENING PROJECT. Mr. Herman, Community Development Director, advised that at the last meeting, Council directed the artists to prepare some modified design concepts for artwork to be included in the Washington Street bridge-widening project. Should Council concur with either of the two modified design concepts included in the staff report) it wilt require an additional allocation of $39,500. Council Member Sniff liked option #1, but suggested an additional smaller peak be added to the inside of the outside peaks. Council Member Henderson advised that she also liked #1, with or without the additional peaks. Council Member Perkins supported moving forward with #1 and was opposed to any further modifications that might delay the project. Mr. Herman noted that further modifications would increase the costs. In response to Council Member Adolph, Mr. Herman advised that the peaks will be six feet above the two-foot-high rail. Council Member Adolph supported option #1. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 4 September 1 5, 1 998 MOTION It was moved by Council Members Sniff/Adolph to approve modified Option #1, which is the blowing sand design and with the additional artwork on the ends as discussed, and to appropriate $39,500 from the APP Fund for this project artwork on the Washington Street Bridge Widening Project) Motion carried unanimously. MINUTE ORDER NO.98-149. 2. CONSIDERATION OF A WAIVER OF UNDERGROUND UTILITIES WUW 98-001) REQUIREMENT BETWEEN THE HOUSE AND POWER POLE FOR THE RESIDENCE LOCATED AT 52-625 AVENIDA ALVARADO. RICHARD AND MARCIA PIERCE. Mr. Herman, Community Development Director, advised that this is the first request for a waiver of underground utilities requirement that the City has received. The Council may grant the waiver if the requirement causes practical difficulties and unnecessary hardship to the applicant or general public, due to certain topographical conditions, street configurations, underground obstacles, soil, water, or other natural conditions, making undergrounding of the utilities unreasonable. The applicant is claiming hardship based on the sidewalk demolition that will be necessary to underground the utilities. Marcia and Richard Pierce, 52-625 Avenida Alvarado, the applicants, believed that approving the waiver would not set a precedent because the waiver process itself provides for each incident to be judged on its individual merits. As to the aesthetics of the power line, she noted that, with or without waiver approval, the power pole will remain in place. If the waiver is approved, it will allow them to install the new panel and reconnect the electrical wires. If they have to underground the utilities, they will have to dig down four feet into their neighbor's yard and then undermine their existing block wall before digging down an additional three feet into their own yard for a distance of 1 5 feet. They will then have to dig under their sidewalk to bring the wiring to the new panel. As for the safety issue, they feel that excavating seven feet underground is more dangerous than the City's concern that the power line could fall during an earthquake. In response to Council Member Perkins, Mrs. Pierce advised that their neighbors also have overhead lines attached to the power pole, which is in the center of their property. They will be utilizing the existing power lines and not installing new ones. In response to Council Member Adolph, Mr. Pierce advised that they are only replacing the existing electrical panel. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 5 September 1 5, 1 998 Council Member Adolph stated that he is against overhead lines, but could appreciate the appIicant*s situation. Mr. Pierce advised that it would cost them an additional $1 000 to underground the utilities. Council Member Sniff supported granting the waiver because he felt it would not make much difference aesthetically, given the existence of other overhead lines in the neighborhood. In response to Mayor Pena, Mr. Hartung, Building & Safety Director, advised that undergrounding utilities is definitely safer, but this lot is not any different than those around it. Council Member Henderson suggested some consideration be given to pre- installing conduit when raising the ground level of undeveloped lots. As for the waiver, she noted that property owners have to deal with demolition when they hook up to the sewer system. In response to Council Member Henderson, Mr. Hartung advised that waivers are not granted for sewer hook-up when sewer is available. Mayor Pena felt the applicant's situation is somewhat unique. Council Member Adolph supported granting the waiver request. MOTION It was moved by Council Members Perkins/Sniff to approve the request for waiver of the requirement to underground service utility lines at 52- 625 Avenida Alvarado). Motion carried unanimously. MINUTE ORDER NO.98-150. 3. CONTINUED CONSIDERATION OF JOINT USE OF FACILITY AND SERVICE AGREEMENT WITH COMMUNITY GARDENS OF THE COACHELLA VALLEY CGCV). Ms. Horvitz, Community Services Director, advised that this item was continued on August 1 8, 1 998, due to Council's concern regarding CGCV's request for funding for administrative fees. CGCV has since secured funding for their administrative fees for this year and is requesting approval of a Joint Use of Facility and Service Agreement. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 6 September 1 5, 1 998 In response to Council Member Sniff, Ms. Horvitz advised that CGCV has secured $5,000 from Eagle Hardware, which is the total amount of funding needed this year for administrative fees. Council Member Henderson noted that Council could then consider the Joint Use of Facility and Service Agreement and not have to worry about the Community Services Grant Request in Business Session Item No. 4. MOTION It was moved by Council Members Sniff/Henderson to approve the Joint Use of Facility and Service Agreement with Community Gardens of Coachella Valley. Motion carried unanimously. MINUTE ORDER NO.98-151. 4. CONTINUED CONSIDERATION OF COMMUNITY SERVICE GRANT REQUEST BY THE COMMUNITY GARDENS OF THE COACHELLA VALLEY. No action was taken see Business Session Item No.3). 5. CONSIDERATION OF RESOLUTION DESIGNATING SPEED LIMITS FOR A PORTION OF ADAMS STREET, AVENUE 48, AVENUE 52, AND DARBY ROAD. Mr. Speer, Senior Engineer, advised that staff is proposing the establishment of speed limits for Avenue 48, Avenue 52, and Darby Road. Adams Street was also reviewed by the Technical Traffic Committee because of the adjacent park. State law provides for streets with adjacent parks to be posted at 25 mph when children are present. He then explained how critical speed limits are established and referred to the staff report for the recommended speed limits. Robert Tyler, 44-21 5 Villeta Drive, noted the need to post park hours at the Adams Park, as well as some type of street signage to designate it as a park area. RESOLUTION NO.98-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING SPEED LIMITS FOR ADAMS STREET, AVENUE 48, AND DARBY ROAD. It was moved by Council Members Sniff/Henderson to adopt Resolution No.98-99 as submitted. Motion carried unanimously. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 7 September 1 5, 1 998 RESOLUTION NO.98-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING PLAYGROUND SPEED ZONES FOR ADAMS PARK AND FRITZ BURNS PARK. It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-100 as submitted. Motion carried unanimously. 6. CONSIDERATION OF FUNDING REQUEST FROM THE BOB HOPE CHRYSLER CLASSIC. Mr. Weiss, Assistant City Manager, advised that this item was continued to give staff an opportunity to obtain some additional information. Television ratings are included in the staff report, but staff has been unable to identify what direct economic impact this event might have on the City. It is hoped that through the upcoming interviews with marketing firms, that some marketing techniques will be helpful in identifying some specific benefits. He noted that Dawn Suggs, of the Bob Hope Chrysler Classic, was present to answer questions. In response to Mayor Pena, Mr. Weiss advised that a firm for the market study is expected to be on board by October or November and should have a program ready to implement by January. Mayor Pena felt that might be too late for Council to get some indication should they wish to give some support to the Classic. Council Member Henderson agreed, but noted that Council has been looking at this request as a need for additional security and soil stabilization, not a marketing benefit. Council Member Sniff was reluctant to go very far with this, but was comfortable supporting the suggestion made by Council Member Perkins at the last meeting to provide some funding for police special enforcement for parking and security. Mayor Pena agreed, noting that the Classic would then move those funds over to marketing. Council Member Sniff suggested an allocation of $10,000 from the Police Special Enforcement Funds to be used for that purpose. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 8 September 1 5, 1 998 Council Member Perkins was bothered that such requests are not budgeted and he was not sure how much the City benefits from the event. He felt the monies could be spent encouraging small businesses to come into the City. He reluctantly supported an allocation of $10,000 from the Police Special Enforcement Funds as long as it is used for that purpose. Council Member Adolph had a problem using taxpayer's dollars to support this request when the City cannot support the Kidsline Program, but advised that he could support funding for security. Council Member Henderson hoped through staff's marketing study efforts, that a determination can be made when the City is looking at such endeavors whether or not there is a direct benefit to the community. She has always been opposed to this kind of thing, but would support additional police enforcement because it benefits the community. Mayor Pena agreed, noting that it is incumbent upon the City to keep the traffic flowing for both residents and visitors. MOTION It was moved by Council Members Sniff/Henderson to approve an allocation of $10,000 from the Police Special Enforcement Funds to be used exclusively for additional law enforcement requirements within the City of La Quinta during the 1 999 Bob Hope Chrysler Classic. Motion carried unanimously. MINUTE ORDER NO.98-152. 7. CONSIDERATION OF ORDINANCE RE-ALIGNING THE CITY'S GENERAL MUNICIPAL ELECTION DATE TO CONSOLIDATE WITH THE STATEWIDE GENERAL ELECTION IN NOVEMBER OF EVEN-NUMBERED YEARS. Mrs. Juhola, City Clerk, advised that, under the proposed ordinance, the City's election date would be changed to coincide with the Statewide General Election held in November of even-numbered years in an effort to increase voter turnout. Since the election date was changed to odd-numbered years in 1 993 at the request of the County Elections Department, the City has seen a substantial decrease in voter turnout. Should the ordinance be adopted, it would not become operative until the Board of Supervisors has approved the consolidation and then the Registrar of Voters will mail notices of the change to the City's registered voters. Council Member Sniff felt the change is imperative to restore and encourage local voter participation. He believed the County's experiment has failed to BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^UL City Council Minutes 9 September 1 5, 1 998 reach an appropriate level of participation from the voters and supported making the change to help increase voter participation. Mayor Pens felt the intent in changing it previously was to generate more enthusiasm in local elections, but he noted that voter turnout has gone from almost 78% in 1992 to 30% in 1997. Council Member Henderson stated that she was opposed to changing it initially, but felt the numbers support the need to make ihe change. Council Member Perkins supported making the change. Council Member Adolph felt it is common knowledge that off-year major elections have lower voter turnout and asked what effect the proposed change would have on existing terms of office. Mrs. Juhola advised that all terms would be extended one year. Council Member Adolph expressed concern about extending the terms again and questioned the possibility of it happening again further down the road. He suggested placing it on the ballot for the citizens to decide. It may be legal, but he was not sure that it is ethical. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that she and the City Clerk have researched this to verify the proper procedure. She noted that the City agreed to try the election date change as requested by the County, but there was no implied promise that it would be kept that way. Council Member Sniff believed the City has a history of trying to increase voter participation, pointing out that the original City Council extended their terms six months in an effort to increase voter participation. He felt the change made in 1 993 was experimental and has not proved to be successful. He also pointed out that if the election date is changed, it cannot be changed again without having an intervening municipal election. He could not envision it being changed back again in the future because the City Council's interest in having as good a voter turnout as possible. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.327 by title and number only and waive further reading. Motion carried with Council Member Adolph voting NO. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 10 September 1 5, 1 998 ORDINANCE NO.327 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO AUTHORIZE CONSOLIDATION OF THE CITY'S GENERAL MUNICIPAL ELECTION HELD IN NOVEMBER OF ODD-NUMBERED YEARS WITH THE STATEWIDE GENERAL ELECTION HELD IN NOVEMBER OF EVEN- NUMBERED YEARS. It was moved by Council Members Sniff/Henderson to introduce Ordinance No.327 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pena NOES: Council Member Adolph ABSENT: None ABSTAIN: None 8. CONSIDERATION OF SPONSORSHIP FOR THE LA QUINTA MAYOR*S CUP GOLF CHALLENGE CLASSIC. There were no changes to the staff report as submitted to the City Council by the City Manager*s Office and on file in the City Clerk's Office. Council Member Henderson noted that all Council Members are invited to attend the dinner that evening after the tournament. Doug Yavanian advised that the dinner cost is $15.00. MOTION It was moved by Council Members Sniff/Henderson to authorize City sponsorship of two teams to participate in the Mayor's Cup Golf Challenge and designate the Mayor and City Manager to select Council Member and staff representatives and to allocate funds in the amount of $720 from Account No. 101-102-637-000. Motion carried unanimously. MINUTE ORDER NO.98-153. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 11 September 1 5, 1 998 9. SECOND READING OF ORDINANCES ORDINANCE NO.326 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 13 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE LQMC) RELATING TO SUBDIVISIONS; ADDING SECTIONS 13.12.170 AND 13.16.100 RECORDATION OF CONDITIONS OF APPROVAL) AND 13.20.115 AMENDMENT OF FINAL MAPS AND PARCEL MAPS), AMENDING SECTIONS 13.32.020 AND 13.32.060 LOT LINE ADJUSTMENTS). It was moved by Council Members Sniff/Adolph to adopt Ordinance No.326 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 1. APPROVAL OF DEMAND REGISTERS DATED SEPTEMBER 1 AND SEPTEMBER 15, 1998. 2. TRANSMITTAL OF TREASURER*S REPORT DATED JUNE 30 AND JULY31, 1998. 3. ADOPTION OF Resolution APPROVING A STREET CLOSURE PERMIT FOR THE BOB HOPE CHRYSLER CLASSIC EVENT ON JANUARY 20-24, 1999, AT PGA WEST PURSUANT TO CONDITIONS OF MINOR USE PERMIT 98-061. APPLICANT: BOB HOPE CHRYSLER CLASSIC. 4. ADOPTION OF RESOLUTION FOR CUSTODY SERVICES WITH BNY WESTERN TRUST COMPANY. 5. APPROVAL OF AWARD OF CONTRACT FOR CONSTRUCTION OF VARIOUS CITYWIDE SIDEWALK, HANDICAP ACCESS RAMP, AND BUS TURN-OUT IMPROVEMENTS PROJECT NO.98-13. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 1 2 September 15, 1 998 6. APPROVAL OF EXTENSION OF CONTRACT FOR PROFESSIONAL SERVICES WITH NICKERSON, DIERCKS, AND ASSOCIATES FOR ADMINISTRATIVE SUPPORT SERVICES. 7. APPROVAL OF EXTENSION OF CONTRACT WITH TRI-LAKE CONSULTANTS FOR PROFESSIONAL SERVICES FOR FIELD INSPECTION SERVICES. 8. APPROVAL OF CONTRACT CHANGE ORDER NO.1 FOR STATE ROUTE 111. MEDIAN ISLANb Landscape MODIFICATION IMPROVEMENTS PROJECT NO.98-04. 9. APPROVAL OF PURCHASE ORDER TO EFFECT LANDSCAPE RESTORATIONS AT THE LA QUINTA SENIOR CENTER ALONG AVENIDA LA FONDA. 10. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR CITY ENTRANCE MONUMENTS PROJECT NO.98-05. 11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT TO PREPARE FINAL PLANS, SPECIFICATIONS, AND ESTIMATES FOR LANDSCAPING IMPROVEMENTS TO THE CALLE RONDO DRAINAGE CHANNEL. 12. APPROVAL OF OVERNIGHT TRAVEL FOR TWO PUBLIC WORKS EMPLOYEES TO ATTEND AN ITS TECHNOLOGY TRANSFER SEMINAR" IN SAN DIEGO, SEPTEMBER 24-25, 1998. 13. APPROVAL OF FIRST AMENDMENT TO THE CONTRACT SERVICES AGREEMENT AND LEASE EXTENSION WITH THE LA QUINTA CHAMBER OF COMMERCE. 14. APPROVAL OF BOND REDUCTIONIRELEASE FOR IMPROVEMENTS ASSOCIATED WITH TRACT 18915- PALM ROYALE. 15. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28838-1, REILLY HOMES MADISON, 1. L. C., AND KSL LAND CORPORATION. 16. APPROVAL OF AMENDMENT TO THE MAINTENANCE AGREEMENT WITH CALTRANS TO INCLUDE TRAFFIC SIGNAL IMPROVEMENTS AT HIGHWAY 111 AND PLAZA LA QUINTA. 17. APPROVAL OF SPONSORSHIP AGREEMENT WITH THE RIVERSIDE COUNTY FAIR AND NATIONAL DATE FESTIVAL. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^UL City Council Minutes 1 3 September 1 5, 1 998 MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended with Item Nos. 3, 4, and 1 5 being approved by RESOLUTION NOS. 98-101, 98-102, AND 98-103 respectively. Motion carried unanimously. MINUTE ORDER NO.98-154. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS C. V. Mosquito and Vector Control District Council Member Perkins advised that they have conducted their final interviews for a General Manager, and he thanked Mark Weiss for his participation on one of the committees. C. V. Regional Airport Authority Council Member Henderson advised that their next meeting will be on September 23. League of California Cities Committees Council Member Henderson reminded Council to submit any input to her that they might have regarding the League's resolutions. Palm Springs Desert Resorts Convention & Visitors Bureau Council Member Henderson advised that they have reviewed their investment policy. Palm Springs Desert Resorts Airline Services Committee Council Member Henderson commented on the lack of an Airline Services Committee meeting and advised that a meeting would be held soon. C. V. Mountains Conservancy Council Member Sniff advised that the Big Horn Sheep issue was discussed at their last meeting and it was repbrted that a habitat of 500,000 acres is needed for the number of sheep here in the valley, which is approximately 17 in the Palm Desert/Rancho Mirage area and 40-50 on this side of the valley. All other reports were noted and filed. DEPARTMENT REPORTS A-i. BOND-CLOSING DINNER. Mr. Genovese, City Manager, reported that the bond-closing dinner on September 1 9 would be held at Montanas. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 14 September 15, 1998 G-1. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED JUNE 30 AND JULY31, 1998. MOTION It was moved by Council Members Sniff/Perkins to receive and file the Revenue & Expenditures Report dated June 30 and July 31, 1 998. Motion carried unanimously. MINUTE ORDER NO.98-155. MAYOR AND COUNCIL MEMBERS* ITEMS 1. DISCUSSION REGARDING MODIFICATION OF COUNCIL*S RULES OF PROCEDURES. Council Member Henderson suggested a modification to the agenda layout, as contained in the Council's Rules of Procedures, placing the Consent Calendar ahead of the Business Session. Council concurred on directing staff to agendize it for October 6. 2. DISCUSSION REGARDING THE CITY SEAL IN THE COUNCIL CHAMBER. Council Member Sniff suggested looking into coloring the City Seal in back of the dais. Council Member Henderson agreed and suggested lighting be placed behind it as well. Council concurred and directed staff to look into it. 3. DISCUSSION REGARDING MODIFICATION OF CIVIC CENTER LANDSCAPING. Council Member Sniff suggested that some flowers be added to the landscaping in front of the Civic Center to give it some color. Mr. Genovese, City Manager, advised that staff is currently analyzing a soil problem in that area. Council concurred on adding the flowers and directing staff to look into it. Council recessed to the Redevelopment Agency. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 1 5 September 1 5, 1 998 Council reconvened and recessed to the Financing Authority. Council reconvened and recessed to Closed session as delineated on Page 1) to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. WEED ABATEMENTS/LOT CLEANINGS AND PLACEMENT OF COSTS ON 1999/2000 TAX ROLLS: A. MORELLI, DAVID & DARR, DEAN APN 604-233-003 $187.50 B. POLLARD, EMERSON & PHYLLISETER APN 643-194-012 $195.63 C. MCKENZIE, JOHN APN 646-311-032 $156.25 D. ADORADOR, MARIA APN 646-311-033 $156.25 E. GARCIA, JOSE & ESTELA APN 646-312-046 $156.25 F. YOUNG, JEFFERY & BARBARA APN 649-052-014 $312.50 G. POOLE, JACK & BOBBIE APN 649-071-006 $220.71 H. PLANK, PHILIP & TERESA APN 769-077-006 $156.25 I. BOZEMAN, DORA & OVID APN 769-105-002 $406.25 J. MORALES, RAMONA APN 769-115-002 $156.25 K. WERNER, TED E. APN 769-115-014 $250.00 L. COLLINS, DOROThY E. APN 769-115-015 $500.00 M. CHANEY, VICTORIA APN 769-115-016 $250.00 N. E.G. WILLIAMS DEVELOPMENT CORP. APN 769-791-013 $156.25 0. E.G. WILLIAMS DEVELOPMENT CORP. APN 769-791-021 $156.25 P. E.G. WILLIAMS DEVELOPMENT CORP. APN 769-791-023 $156.25 Q. E.G. WILLIAMS DEVELOPMENT CORP. APN 769-791-033 $156.25 R. HANKS, DONALD J. & JOHN D. APN 773-163-003 $156.25 S. U.S. DEPT. OF HOUSING/URBAN DEV. APN 773-221-005 $156.25 T. ROTTER, RONALD & MARILYN APN 773-231-006 *156.25 U. SMITH, KENNETH APN 773-163-015 $156.25 V. MULLANEAUX, JAMES & JUNE APN 773-163-019 $156.25 W. NESMAN, MARGARET APN 773-261-016 $258.39 X. NEWBOLD, BOYD APN 773-261-016 $258.39 Y. MATYE, ALBERT J. & FRANCES S. APN 774-051-016 $156.25 APN 774-051-017 $156.25 Z. HAYHO, MARY K. APN 774-054-009 $156.25 BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 16 September 1 5, 1998 AA. MEYERS, JUDY & HAVENER, VIRGIL APN 774-054-010 $156.25 BB. LEICHNER, DOROTHY & ROBERT APN 774-113-029 $234.37 APN 774-113-030 $234.38 CC. EBBERT, ROBERT & ELISE APN 774-114-015 $156.25 DD. DITCHKUS, LAWRENCE APN 774-155-017 $156.25 APN774-155-018 $156.25 EE. SHIELDS, W. L. APN 774-233-001 $156.25 FF. KELLOG, ROBERT B. APN 774-272-022 $156.25 GG. BHAKTA, MAHENDRA & LLABEN APN 774-293-003 $156.25 The Mayor declared the PUBLIC HEARING OPEN. Mr. Hartung, Building & Safety Director, advised that payments have been received for Items E, F, and V and recommended that the costs for cleaning the remaining parcels be placed on the 1 99912000 tax rolls. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.98-104 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSESSING LIEN AND PROVIDING FOR COLLECTION ON TAX ROLLS ON CERTAIN PROPERTY FOR COSTS OF ABATEMENT OF PUBLIC NUISANCE. It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-104 as amended deleting E, F, and V). Motion carried unanimously. 2. CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-358, GENERAL PLAN AMENDMENT 98-058 FROM LOW-DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL, AND CHANGE OF ZONE 98-087 FROM LOW- DENSITY RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL FOR THE PROPERTY LOCATED SOUTH OF THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: H. A. ANDERSON. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that this request for a General Plan Amendment and zone change from Low-Density Residential to Neighborhood Commercial on ten acres located south of the southwest corner of BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^UL City Council Minutes 17 September 15, 1998 Jefferson Street and Fred Waring Drive was continued by Council on August 1 8, 1 998. The Planning Commission reviewed the applications on July 14' 1 998, and recommended approval on a 5-0 vote. The applicant has submitted four alternative layouts for the proposed shopping center and a typical subdivision layout for the adjacent property, which would separate the commercial center from the existing Cactus Flower development. In addition, the development standards require buffering of the commercial center from the potential residential area to the west. The floor area ratio of 25 allows 217,800 sq. ft. of commercial building space on 20 acres and the Neighborhood Commercial District allows retail uses ranging from 10,000 sq. ft. to a maximum of 50,000 sq. ft. Typical uses allowed are: supermarkets, drug stores, eating establishments; auto service stations, and personal services such as laundries and barbers. In addition, professional services such as medical offices, finance, insurance, and real estate would be allowed. The City's development standards permit a building height of 35 feet, but requires the construction of perimeter walls and a minimum setback of 30 feet from residential areas. The minimum setback along Fred Waring Drive and Jefferson Street is 30 feet with a minimum landscape area of 20 feet. Building heights are limited to 22 feet if within 1 50 feet of Jefferson Street or Fred Waring Drive. Neighborhood Commercial projects must be located on sites with a maximum of 20 acres and they rnust have direct access to arterial streets. The applicant wishes to add an additional ten acres to an existing ten-acre parcel that is designated as Neighborhood Commercial. He then gave a brief review of the site plan and traffic patterns. In response to Council Member Adolph, Mr. Herman advised that the applicant owns 80 acres at this location and is working with a developer to develop the residential portion between Cactus Flower and the proposed commercial center. In response to Council Member Sniff, Mr. Herman advised that walls, a minimum of six feet high, would be built along the property line between the commercial property and the residential area to the west, which is a higher elevation. In response to Council Member Henderson, Mr. Herman advised that the undeveloped residential area is zoned Low-DensitV Residential and would not allow apartments. In response to Council Member Sniff, Mr. Herman advised that the existing ten-acre parcel would accommodate a number of retail and professional service businesses, including a grocery store. The maximum building size is 50,000 sq. ft. Mr. Herman then responded to a number of questions from Council regarding the size of shopping centers, advising that supermarkets average between BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 18 September 15, 1998 35,000-40,000 sq. ft. Ralph's is less than 30,000 sq. ft., Albertson's is approximately 45,000 sq. ft., and Von's is approximately 37,000 sq. ft. The Von's Shopping Center, which is zoned Community Commercial, is on 7-8 acres and all of the uses in that center would be permitted in this proposal. In response to Council Member Sniff, Mr. Herman confirmed that the Neighborhood Commercial designation would imply something smaller than a Wal-Mart. In response to Council Member Perkins, Mr. Herman advised that the setback requirements would be the same for the ten-acre parcel. In regard to landscaping, he advised that more landscaping would be required than what was required for Wal-Mart. In response to Council Member Adolph, Mr. Herman confirmed that this would be the City's only commercial enterprise on Jefferson Street between Fred Waring Drive and Highway 111 except for Home Depot. In response to Council Member Sniff, Mr. Herman advised that a school is proposed east of Dune Palms Road, between Miles Avenue and Westward Ho Drive. Bob Durgan, 6712 N. Cutter Circle, Portland, Oregon, representing the applicant, advised that there is a buffer zone of approximately 600 feet and that the grade separation between Cactus Flower and the proposed commercial center is 35 feet. The zone change would allow for a better mix of tenants in the shopping center, bringing in tenants such as Old Navy, Petco, and Kinkos that like to locate near large grocery stores rather than regional centers. H. A. Anderson, P.O. Box 671 2, Portland, Oregon, the applicant, stated that he bought the property 20 years ago and was the first one to annex to La Quinta. He did liot feel that ten acres would make a feasible neighborhood shopping center because of the buffer, setback, and landscaping requirements. The area between Cactus Flower and the commercial center would be about 650 feet. They are working with a developer that hopes to start construction on a residential development there next year. They also hope to start construction on the commercial center next year. Linda Hay, 44-1 55 Goldenrod Circle, advised that they bought their home because they were impressed with how the City handled land use and planning issues. They knew about the ten-acre parcel when they purchased their property and they feel that that parcel, along with the commercial property across Jefferson Street, is enough commercial development. They believe an increase BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 19 September 15,1998 of ten acres would mean a serious change and jeopardize existing properties because of the noise and visual impacts it will bring. A home is the biggest investment that most of them will ever make and it represents their quality of life. They based their decision to buy there on the zoning plan in place when they purchased their property. Linda Schwemmer, 44-060 Sweetbush Lane, a Cactus Flower resident for eight years, felt ten acres is sufficient space for commercial development. Sbe had some concerns about access to the property and not knowing what types of businesses would end up there. She also spoke about noise, trash, and traffic impacts of the development, as well as the safety issue due to the number of children in the neighborhood. Robert Metkus, 78-870 Villeta Drive, felt strip commercial is not a desirable use of this property and was opposed to the change. He felt the Heritage Palms commercial across the street was enough. He also felt that a 22-foot setback was insufficient and that too many unanswered questions exist to approve this project. Tom Huebner, 44-215 Goldenrod Circle, had concerns about looking into a strip mall from his property and having access through Cactus Flower. He did not believe that anyone would want to buy a home next to a commercial center and questioned what will actually be built behind the strip mall. James Newton, 44-280 Marigold, was opposed to the zone change. Patrick Sheridan, 44-585 Blazing Star, was also opposed to expanding the commercial zoning. Don Hay, 44-1 55 Goldenrod Circle, pointed out that residents of Cactus Flower would be looking at mechanical equipment on top of the commercial center and urged Council to deny the zone change. Tony Cisneros, 44-095 Goldenrod Circle, was also opposed to the development. He felt there is already enough commercial elsewhere and that the entire corner should be residential. He suggested putting in something toward seniors. Daniel Manzella, 44-435 Buttercup Lane, spoke in opposition, voicing concern about the 24-hour lighting and the height of the buildings. Many of the strip commercial centers in the valley are vacant and he did not want to see that happen in his neighborhood. He is pleased with the neighborhood and does not want a strip commercial center there. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCitV Council Minutes 20 September 1 5, 1 998 Kelly Wright, 44-310 Willow Circle, urged Council to deny the request, advising that a commercial center was not what they expected to be built in the area when they purchased their property. She was concerned how it might affect the value of her property. Mark Pearce, 78-401 Highway 111, Suite C, representing U. S. Homes/Heritage Palms, spoke against the zone change because it lacks specifics such as specific uses, operating hours, setbacks, and other density requirements. Rosanna Ferraro, 44-030 Calico Circle, was against the zone change and did not want any more commercial property in the area. Mr. Durgan advised that they have spoken to staff about wanting to discuss a contingent zone change. However, the City has a site plan review process wherein ordinances require such things as noise analysis and a mitigation monitoring program. He questioned the residents of Cactus Flower having to look at the top of the commercial buildings. They are willing to recognize the quality of life issues that the residents are concerned about and work to achieve them during the development stage. Christine Wesic, expressed concern about traffic and raising her children in such an environment. Dma Langhorne, 44-245 Goldenrod Circle, did not see a need for commercial in the area and was concerned that the extra traffic would be a safety hazard for the number of children in the neighborhood. Kathy Fercana, 44-039 Sweetbush Lane; was also concerned about the children*s safety and about maintaining property values. Irene Yagel, 38526 Brandywine, Palm Desert, was opposed to the zone change, advising that her grandchildren live in Cactus Flower. Jacqueline Newton, 44-280 Marigold, voiced concern about the traffic and lack of specifics for the development. She was opposed to any fast-food establishments being allowed there. Mario Lugo, 44-065 Goldenrod Circle, voiced concern about traffic and the safety of children, as well as preservation of the dark sky. Correspondence in opposition to the request was received from the following: Paul Ward, 44-240 Calico Circle BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 21 September 15, 1998 * Marl Lee Conrad, 79-297 South Sunset Ridge * William R. Watson, 79-595 Blazing Star Trail Carl Sabo, 44-095 Mariposa Court Phillip & Gail Anderberg, Cactus Flower * Andy Langhorne, 44-245 Goldenrod Circle * Amy M. Swan-Draper, 44-065 Dalea Court * Ten Dorfler-Finley, 44-120 Calico Circle There being no one else wishing to speak, the' Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph felt that commercial development should be promoted on Highway 111 and could not support a large commercial project like this on Jefferson Street. Council Member Perkins has received a number of phone calls in opposition to this zone change, and he felt there were too many unknowns" with this project and that it would not be good for this neighborhood. Council Member Henderson advised that she is a strong supporter of personal property rights. There has been a lot of concern voiced about issues not yet addressed, such as access, but she felt the developer was not likely to go into that kind of detail on property that is not yet zoned for the kind of details that would be required in that process. She felt ten acres is sufficient for commercial development in that area and advised that she would not support the zone change. Council Member Sniff advised that he, too, would not support the zone change. Mayor Pena felt the existing commercial property is sufficient and concurred on not supporting the zone change. MOTION It was moved by Council Members Sniff/Adolph to deny the applications of H. A. Anderson Certification of a Mitigated Negative Declaration for Environmental Assessment 98-358, General Plan Amendment 98*058, and Change of Zone 98-087). Motion carried unanimously. MINUTE ORDER NO.98- 156. 3. CONFIRMATION OF ASSESSMENT IN PROPOSED ASSESSMENT DISTRICT 97-1 LA QUINTA NORTE), ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY. The Mayor declared the PUBLIC HEARING OPEN. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 22 September 1 5, 1 998 Mr. Falconer, Finance Director, advised that on June 1 6, 1998, Council adopted a resolution of intention to proceed with Assessment District 97-1 and on July 7, 1998, held a public meeting to receive input from property owners within the district. The purpose of this public hearing is to hold the ballot election. The list of projects within the district consists of street, sewer, drainage, parkway, and water improvements. The total cost of the improvements and related fees is $826,839 and the assessment will run on the property for a maximum of 25 years. The annual assessment for each property is directly related* to the benefit each property receives from the capital improvements. Property owners have the option of saving interest costs and other fees of approximately 20-21 % by paying off their assessment up front. He advised that a brief recess is recommended at the close of the public hearing to allow tabulation of the ballots, which are weighted based on the land holdings. Should opposition to the assessment exceed 50%, Council is precluded from proceeding with the assessment. If the ballots in favor of the assessment exceed 50%, Council has the prerogative whether or not to proceed with the proposed assessment. He then reviewed the preliminary ballot totals. Paul Thompson, of Albert Webb Associates, advised that the original engineering estimates for the assessment district placed the net project costs at $1,236,000. The disclosures given to potential property owners showed a monthly payment of $59, based on a contribution by the developer to take the original $1,236,000 down to $826,000. The modified engineer*s report shows the construction costs to be significantly lower and a contribution of only $227,000 from the developer. In response to Council Member Sniff, Mr. Thompson advised that each property lien is $7,449, but the discount brings it down to approximately $6,000 if paid within the 30-day period, which is a period set by statute. Mr. Thompson advised that all property owners were notified by first class mail and that four have not yet returned their ballots to the City Clerk. In response to Council Member Adolph, Mr. Thompson confirmed that most of the affirmative votes came from the developer. Council Member Henderson noted that this process has been going on for some time and that the buyers were aware of it before purchasing their properties. Jeff Jones, 79-115 Kristen Court, was strongly opposed to the assessment and felt that the developer should not be allowed to vote since he owns 97% of the lots. He was told the assessment is for roads, but others were told it is for something else. He felt if this is passed, that it would set a dangerous precedent because no other homes in North La Quinta have such an assessment. He BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 23 September 15, 1998 believed the Del Rey and Topaz developments will also benefit from the improvements, and he questioned why the developer's contribution was decreased and the assessment amounts left as is. Bill Marticorena, Special Assessment Counsel, advised that the assessment report provides for a maximum term of 25 years, but the proposed bond issue is for 20 years. The term will actually be shorter because the last payment and, potentially, the next to the last payment will be made from the reserve fund. Annette Barlow, 79-145 Kristen Court, understood the assessment would be used for a park. She advised that they signed the form, but was told by the sales agent the day they signed their contract that the assessment had been turned down. Tammy Kemp, 79-140 Kristen Court, spoke in opposition to the assessment. They signed the form, but were told that the assessment was a requirement of the City and that it would be used for a park. They were not told that it was for street improvements that the developer is usually responsible for. She has been told that Topaz has used this as a bargaining tool to have Century Homes pay for their assessment, and she felt it was uhfair for them to have to pay if others do not. They are opposed to the assessment because they feel there are others that will benefit from the improvements as much as they will and because there are not enough property owners yet to vote. Kent Armstrong, 1 525 South D Street, San Bernardino, of Century Crowell Communities, felt the assessment should have been completed before anyone moved in, and that is why homebuyers were asked to sign a disclosure form. The assessment is not for the developer's profit. Without it, the developer will have to increase the price of the homes over a 30-year mortgage period for the future 104 property owners. Emily Hemphill, 69844 Highway 111, Rancho Mirage, of Seizer Ealy Hemphill & Blasdel, attorney representing Century Homes, advised that frequently, assessment districts are done when the developer owns all of the lots, making it an easier process. As for the developer's right to vote, she noted that the statute specifically contemplates that all property owners within the affected district have the opportunity to vote. She further noted that these improvement costs are passed on to the homeowner, either by increasing the cost of the home, or through an assessment district, which is less costly and provides options for early payment. These improvements are specifically designed for this subdivision and were conditions of approval, indicating that the existence of the subdivision has triggered a need for the improvements. She felt it would be less confusing if the assessment district had been completed prior to any homes being purchased. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 24 September 1 5, 1 998 There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff felt that forming an assessment district after homes have been sold, places the homeowners at a voting disadvantage, and that this is a means of financing after the fact. He did not know when the other 104 properties were expected to be sold, but felt that maybe this should be continued if it is going to be immediate in order to give them. a chance to vote His sympathies were'somewhat with the current homeowners. Council Member Henderson was also sympathetic, but once again pointed out that the homeowners were aware of the assessment before they purchased their properties. She asked if the monthly assessment had been calculated when determining the homebuyer's ability to get financing, to which Mr. Jones responded no. She felt that it is not unusual for improvements to be handled through assessments, noting that she, too, has been paying on one for about ten years for street improvements in her area. She believed all caution has been taken on this, but asked if the property owners could be given some type of guarantee on the 19 to 20-year period, instead of 25 years. Mr. Marticorena advised that Council could condition the approval on bond documents being brought back with a 20-year term. In response to Council Member Henderson, Mr. Thompson advised that the monthly assessment would go down to approximately $45 if the developer's contribution remained at $427,000. Mr. Armstrnng advised that they woLild then have to add the cost plus profit to the price*of the homes. Council Member Perkins questioned why the City is involved when this is the developer's responsibility. In response to Council Member Sniff, Mr. Armstrong advised that the assessment district includes some improvements that have yet to be installed, such as perimeter landscaping, sewer, and block walls. Council Member Sniff asked if it was possible for the current homeowners to be exempted from the assessment. Mr. Armstrong felt they could probably negotiate something with them, but questioned their protests since they had signed the disclosures. He pointed out BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 25 September 1 5, 1 998 that, once the bonds kick in, the developer will be paying the assessments on the unsold properties until each house is occupied. In response to Council Member Adolph, Mr. Falconer advised that this is a developer-driven assessment and is the first district of this kind in the City. Council Member Adolph felt there might be some possibility of some misrepresentation having been made to the homebuyers during the sales process as to the purpose of the assessment, as well as the likelihood of it going through. He sympathized with the homeowners and wished to find some way to help them. Council Member Sniff asked if the developer would be able to accommodate the concerns of the nine homeowners. Mr. Armstrong advised that he would negotiate something with them, but voiced some frustration about the length of time that this process has taken, which has resulted in the involvement of homeowners. Mayor Pena understood his frustration as well as the frustration of the homeowners who seemed to not be sure what the assessment is for. Mr. Armstrong offered to pay half of the assessment for each of the nine homeowners. Council Member Henderson advised that she was not comfortable arriving at this point and then questioning it. This has been going on for two years and she felt it should have been stopped a long time ago if there were concerns. She believed the developer*s offer is far more than generous and supported moving forward with a condition for 20 years. After a short recess, Ms. Hemphill advised that the developer has met with some of the homeowners and has offered to prepay half of the assessment on those eight or nine properties that have closed escrow by August 31, 1998. The other half of the assessment will be the responsibility of the homeowners. They may prepay it within the 30-day period and receive the same discount as before or have it amortized over the 20-year period of the bond. Mr. Marticorena recommended the assessment district be approved subject to the execution of an agreement between the City and Century Homes. Ms. Hemphill agreed with memorializing the agreement. BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02 ^ULCity Council Minutes 26 September 1 5, 1 998 The City Clerk then recorded the ballot, advising that votes in favor totaled $767,247 of the assessment amount and votes in opposition totaled $29,796 of the assessment amount. RESOLUTION NO.98-105 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING A$SESSMENT IN PRQPOSED ASSESSMENT DISTRICT 97-1 LA QUINTA NORTE) ORDERING THE PROPOSED IMPROVEMENTS TO BE MADE AND DESIGNATING THE CITY TREASURER TO COLLECT AND RECEIVE MONEY. It was moved by Council Members Sniff/Adolph to adopt Resolution No.98-105 as amended with a limit of 20 years on the bonds and incorporating the language recommended by the Bond Counsel, authorizing the City Manager to execute the agreement with the approval of the City Attorney/Bond Counsel. Council Member Perkins was displeased with how this has happened and hoped it would not happen again in the future. Council concurred. Motion carried unanimously. Council recessed to Closed Session as delineated on Page 1. Council reconvened with no dedsion be!ng rnade which requires repor-ting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Res otfully submitted, *;City UNDRA L. JU 0 Clerk City of La Quinta, California BIB] 10-05-1998-U01 01:53:26PM-U01 ADMIN-U01 CCMIN-U02 09-U02 15-U02 1998-U02