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1999 02 02 CC Minutesd_VI LA QUINTA CITY COUNCIL MINUTES FEBRUARY 2, 1 999 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, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT Melvin J. Robey, 53-400 Eisenhower Drive, spoke in opposition to the Community Gardens project going in on the vacant lot adjacent to his property. He questioned why the residents in the area weren't notified and felt it's an inappropriate use of City funds. He has seen community gardens in other areas and felt that they always fail and become a mess for the community to deal with. Mayor Pena encouraged him to discuss his concerns with Steve Merritt, of Community Gardens of Coachella Valley, and he noted that the Council has discussed this several times over the last year. Council recessed to Closed Session to and until the hour of 3:00 p.m. CLOSED SESSION 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a) ongoing litigation: A. KSL/CV Unified School District, Case No. INCOO31OB B. KSLIJ. M. Peters, Case No.002597 C. People of the State of California, V. Steven Rummonds, Case No. 1NM07141 2 D. Hanover v. City of La Quinta et al, Case No.085167 2. Conference with legal counsel pursuant to Government Code Section 54956.9(c) potential litigation four cases). 300P.M. PUBLIC COMMENT None BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 2 February 2, 1 999 CONFIRMATION OF AGENDA Council Member Adolph asked to add an item under Mayor and Council Members' Items regarding the City/County MOU on the library. He also asked that Consent Calendar Item No.7 Avenue 50 Median Landscaping) be moved to Business Session Item No.10. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of January 1 9, 1 999; as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Captain Singerton, of the Riverside County Sheriff's Department, introduced Deputy Tom Brewster as the new Target Team member, and Deputy John Doyle as a new member of the Traffic Enforcement Team Deputy Eruce Lee was unable to attend). Scott Kiner, of Kiner Goodsell Advertising, Inc., presented the City with a painting of the Gambets Quail. * ** * *** * ** * Lori Moss, of the Riverside County Fair and National Date Festival, introduced Queen Scheherazade Sarah Young) and her court Sarah Lopez and Ashley Cragen) and thanked the City for its sponsorship. WRITTEN CORRESPONDENCE 1. LETTER FROM JUDY VOSSLER RESIGNING FROM THE CULTURAL ARTS COMMISSION. Council concurred on directing staff to prepare a letter of appreciation and plaque for Ms. Vossler for her service on the commission. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 3 February 2, 1 999 2. LETTER FROM COACHELLA VALLEY MOUNTAINS CONSERVANCY REGARDING PROPOSED LEGISLATION. Council Member Sniff noted that the letter is in response to Council's previous concerns. He stated that he is comfortable with what is being proposed and hoped that the Council is too. Council concurred. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 2, 1999. 2. APPROVAL OF RCTC AUDITED FINANCIAL STATEMENT FOR ARTICLE 3 SIDEWALK FUNDS. 3. ADOPTION OF RESOLUTION ACCEPTING DONATION OF PUTTING GREEN FROM THE FRIENDS OF THE LA QUINTA SENIOR CENTER. RESOLUTION NO.99-19) 4. ADOPTION OF RESOLUTION ACCEPTING DONATION TO THE SENIOR CENTER. RESOLUTION NO.99-20) 5. APPROVAL OF REQUEST BY THE U. S. DEPARTMENT OF COMMERCE BUREAU OF THE CENSUS, TO UTILIZE THE STUDY SESSION ROOM FOR TRAINING ON FEBRUARY 26, 1999, 8:30 A.M. TO 4:30 P.M. 6. APPROVAL OF AGREEMENT SECURING OFF-SITE IMPROVEMENTS, SPECIFIC PLAN 90-015, NORMAN COURSE, KSL LAND. 7. SEE BUSINESS SESSION ITEM NO.10. 8. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-4, INCO HOMES. RESOLUTION NO.99-21) 9. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 23995-5, INCO HOMES. RESOLUTION NO.99-22) BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 4 February 2, 1 999 10. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28912, RANCHO LA QUINTA, TD DESERT DEVELOPMENT. RESOLUTION NO.99-23) MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with Item Nos. 3, 4, 8, 9, and 10 being approved by RESOLUTION NOS. 99-19 thrQugh 99-23 respectively. Motion carried unanimously. MINUTE ORDER NO.99-09. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENTS TO THE HISTORIC PRESERVATION COMMISSION. There were no changes to the staff report as submitted to the City Council by the City Clerk's Department and on file in the City Clerk's Department. Michael Mitchell gave a brief overview of his experience and qualifications. MOTION It was moved by Council Members Sniff/Adolph to appoint Michael Mitchell to fill the unexpired term in the professional category for the Historic Preservation Commission term expires June 30, 2001), and Judy Vossler to fill the unexpired term in the non-professional category term expires June 30, 2000). Motion carried unanimously. MINUTE ORDER NO.99-10. Council Member Henderson suggested that Council consider reducing the membership of the Cultural Arts Commission down to five members and to direct the City Clerk not to recruit at this time. Council concurred. 2. CONTINUED CONSIDERATION OF RESOLUTION APPROVING THE REVISED POLICY AND APPLICATION PROCESS FOR FORMATION OF LAND-BASED FINANCING DISTRICTS. Mr. Falconer, Finance Director, advised that staff has held two meetings with BIA representatives to discuss the proposed revisions, and the meetings resulted in agreement on all issues except the definition of regional facilities and an appeal process. The BIA has proposed that interior public improvements be included and staff feels that only regional facilities should be included that are BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 5 February 2, 1 999 of benefit to the entire community. As for the appeal process, staff noted that a letter of appeal can be processed to Council at any time and agendized for consideration if Council so chooses. The major disagreement was on whether or not to include interior improvements. Mr. Genovese, City Manager, introduced the City's financial consultant, Rick Ashburn, of MBIA MuniFinancial, and thanked the BIA and developers who participated in the meetings with staff. He advised that staff believes that land-based financing districts are a good economic tool when used appropriately. Therefore, due diligence analysis has been added to the policy for the purpose of identifying the need for any assessment financing, as well as the credit viability of applicants and the financial viability of the project. If any concerns are raised, the City's bond rating should not be put at risk. All proposals should and will be analyzed for potential alternatives such as infusion of low-moderate-income housing funding and other economic/financing tools. Currently, the City has been excelling in the arena of residential housing without the use of assessment district financing. Therefore, staff believes that this economic development tool is not needed for residential housing at this time, but it may be appropriate for commercial development. Staff suggests that this may be the most reasonable alternative and will alleviate any confusion to the development industry. He concluded in pointing out that it's important to understand that the foreclosure proceedings are always a difficult process technically, emotionally, and politically. John Pavelak, 1 535 South D Street, Suite 200, San Bernardino, President of Century Crowell Communities, spoke regarding the success of their last assessment district and stated that their only concern with the proposed policy is not allowing interior public improvements. Ernest Vincent, 1 535 South D Street, Suite 200, San Bernardino, Vice President of Century Crowell Communities, presented a revised disclosure statement for notifying new homebuyers of the assessment district, and advised that they're in agreement with the 100% concurrence of property owners and dedication of 50% of the streets. However, he urged Council to allow more flexibility in the policy by allowing interior streets to be included, and stated that they do not anticipate any foreclosures. Mayor Pena felt it should be clarified in the disclosure statement that these assessment districts are not City-driven. Council Member Henderson felt the residents would look at the City as the responsible party anyway. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 6 February 2, 1 999 Ed Kibbey, 77-564 Country Club Drive, Palm Desert, of the Building Industry Association Desert Chapter, felt any kind of legislation should be workable and if the limitations are unrealistic, residential should be eliminated from it. He also felt the dedication of 50% of the streets is a benefit to the City and that interior streets should be allowed to help meet the dollar limitation. He urged Council to either do away with the 50% requirement or to allow the interior improvements. They believe that assessment districts are a good tool for the industry, as well as good for the homebuyer, and he urged Council to adopt a realistic policy. Robert Tyler, 44-215 Villeta Drive, questioned the effect these assessment districts may have on the resale market. Rick Ashburn, 28765 Single Oak Drive, Suite 200, Temecula, of MBIA MuniFinancial, encouraged the Council to keep in mind that these assessment districts are an economic development tool that should be used cautiously and prudently. The experts have determined that there is no net effect on housing costs, new or resale, and that it does not result in lower cost housing. He advised that the wisest use of these assessment districts is to spur development of a particular type or to assure funding for a major regional facility that might not be developed otherwise. Using assessment districts for regional facilities is becoming the trend, whereas the inclusion of interior improvements has become less attractive Statewide. In response to Mr. Kibbey, he advised that most of the agencies that he is aware of require the 50% dedication of streets. In response to Council Member Adolph, Mr. Kibbey advised that they have spoken to CVWD and understood that they would be open to discussions. However, the developers would still not be able to meet the requirement. In response to Council Member Adolph, Mr. Falconer advised that the current policy does not have the 50% requirement, and the reason for staff recommending that it be added is due to the last application submitted by Century Crowell Communities, wherein 80% of it was CVWD improvements. Council Member Adolph was concerned about setting a precedent. Mr. Genovese pointed out that the policy can always be amended based on economic realities at that time. Council Member Perkins complimented all the parties that worked on this, and stated that he felt the policy must be flexible. He felt it's a tool that should be used whenever it?s appropriate, and that the City needs to help people get into BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 7 February 2, 1 999 homes. He felt the policy is workable for both commercial and residential and supported going forward with it. Council Member Henderson had previously thought that the 100% concurrence of property owners would solve the problem, but now feels perhaps the policy should be limited to commercial if it's not workable for residential. She then commented on the use of City-driven assessment districts to provide public improvements and the difficulties related to Proposition 218. She believed assessment districts are a strain to the resale market, and pointed out that they are not tax deductible. She supported limiting the policy to commercial only. Council Member Sniff felt the best option is to support staff's recommendation with the clear understanding that legislation is frequently amended. He supported limiting the policy to commercial only. Mayor Pena stated that he was somewhat persuaded by Mr. Ashworth's comments, in that the proposed policy is consistent with what is being done in other communities. He was in support of staff's recommendation, but would also support limiting the policy to commercial only. Council Member Adolph supported staff's recommendation, but agreed that the City's residential growth has been good, and that commercial growth is what needs some stimulation. In summarizing the proposed policy, Mr. Genovese advised that it does not include interior streets, nor does it include an appeal process; it does include a requirement for 50% dedication of streets. He further advised that staff would not be approving any residential applications, therefore, to eliminate confusion it might be better to limit the policy to commercial. Council Member Henderson noted that the policy can always be brought back for reconsideration, if and when the City needs it fo? economic development. In response to Mayor Pena, Ms. Honeywell, City Attorney, advised that it would be dangerous to consider residential applications on a case-by-case basis because the City could be accused of acting in a capricious manner. There should be some criteria spelled out if residential is included. After a brief discussion, Council concurred on limiting the policy to commercial development. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 8 February 2, 1 999 RESOLUTION NO.99-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REVISED POLICY AND APPLICATION PROCESS FOR THE FORMATION OF LAND-BASED FINANCING DISTRICTS AND RELATED FEES. It was moved by Council Members Perkins/Sniff to ad6pt Resolution No.99-24 as amended per staff's recommendation and limiting the policy to commercial development. Motion carried unanimously. 3. CONSIDERATION OF RECIPIENT FOR THE LIVING FOR YOUR 90'S" PROGRAM. There were no changes to the staff report as submitted to the City Council by the Community Services Department and on file in the City Clerk's Department. In a brief discussion, it was noted by Council that both candidates Viola Messick and Gerald Shea) are active in the community and worthy to receive the award. However, being limited to selecting only one recipient, Council concurred on selecting Viola Messick. MOTION It was moved by Council Members Sniff/Henderson to select Viola Messick as the recipient of the 1 998 Living for Your 90's" Senior Inspiration Award. Motion carried unanimously. MINUTE ORDER NO.99-il. 4. CONSIDERATION OF VIEW IMPACTS AND VARIOUS AESTHETIC FACTORS RELATED TO THE WASHINGTON STREET BRIDGE WIDENING, FROM AVENUE 50 TO THE LA QUINTA EVACUATION CHANNEL, CAPITAL IMPROVEMENT PROJECT NO.98-09. Mr. Fuller, Assistant Engineer, advised that staff is looking for Council's direction regarding aesthetic choices for the bridge railing, barriers, and median related to the Washington Street Bridge Widening Project, which was conditionally approved by Council on January 1 9, 1 999. In addition, staff needs direction regarding what mitigation, if any, is required to relieve the impacts associated with the variable height retaining wall and perimeter wall. In reviewing computer-generated photographs of the wall and landscaping from four different vantage points, he pointed out that the proposed wall will shield the view of passing vehicles and provide additional privacy and security for Duna La Quinta properties. Staff is proposing to use bougainvillea and other BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 9 February 2, 1999 vines or shrubs between the face of the wall and existing curb as a potential mitigation measure. He advised that an 81-unit condominium development is proposed at the northwest corner of the bridge, but the outdoor living areas will not be oriented toward Washington Street, and the proposed uses immediately adjacent to the retaining wall are an extension of the existing frontage street. The color choices for the bridge railing are La Quinta green, natural rust, and earth tones, and the color choices for the barrier are standard gray or earth tones. He noted that additional concrete colors are shown in the Davis color chart in the staff report. He advised that staff is recommending a maintenance- free landscaping treatment for the median such as stamped red concrete, river rock, or a combination of rock and soil. In response to Council Member Adolph, Mr. Vogt, Public Works Director, advised that the perimeter wall will be constructed with slump stone and the retaining wall with structural concrete. Council Member Adolph suggested the two colors be as close as possible to avoid looking like an afterthought. Mayor Pena disagreed because he felt the use of two different colors would help make the wall look smaller. Council Member Sniff liked La Quinta green for the railing and earth tones for the drifting sand design, with Spanish gold being used as a contrast. He suggested stamped red concrete for the median. Mr. Vogt advised that staff is not recommending the stamped red concrete because it doesn't go with the remaining color scheme of the bridge. Council Member Henderson preferred river rock for the median. In response to Council Member Henderson, Pat Sommerville, 999 Town & Country Road, Orange, of Holmes & Narver Inc., design consultants for the project, advised that the tubular steel will be painted onsite and will need some maintenance. Council Member Adolph didn't support the La Quinta green and suggested a rust/brown or earth tone color. Mayor Pena agreed with using an earth tone color and Spanish gold as a contrast for the railing, and grey on the retaining wall with an offset color to break it up. He supporting using river rock in the median. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 10 February 2, 1 999 Council Member Henderson agreed with natural rust and earth tones. Council Member Sniff felt the natural rust color was a serious mistake. Council Member Perkins suggested a combination of large rocks and river rock in the median. Mr. Vogt confirmed Council's aesthetic choices as follows: 1) natural rust for the tubular steel bridge railing); 2) contrasting earth tones for the retaining wall and slump stone perimeter wall; and 3) sand color for the sand design with a Spanish gold combination for contrast; and 4) bands of river rock in the medians with rock and Palm Springs gold. In response to Council Member Adolph, Mr. Vogt advised that Washington Street will have two southbound through lanes, one dedicated right-turn only lane, and one dedicated left-turn only lane, with the cross-hatched area remaining as is. No action was taken. 5. CONSIDERATION OF THE PROCEDURE TO RECEIVE AND INCORPORATE PUBLIC INPUT FOR THE DESIGN THEME OF THE DOWNTOWN COMMERCIAL DISTRICT, PHASE V-A. Mr. Freeland, Senior Engineer, advised that the City's consultant, Korve Engineering, has provided the proposed plan for City staff to receive input from the community on the design theme of the Downtown Commercial District, Phase V-A. Under the plan, a list of property/business owners would be developed and used for mailing a questionnaire and notice of a workshop to be held at the end of February, and based on the information received at the workshop, the consultant would then prepare a design theme with several alternatives, along with a Traffic Calming Study. The design theme would then be presented to constituents, the general public, and the Chamber of Commerce at meetings in late March to early April. It would then be presented to the Design Review Committee, the Planning Commission, and the City Council sometime during the month of April. Upon approval, construction plans, specifications, and Engineer's Estimate would be completed for Calle Estado. It's the intent of the entire project development team and City staff to have this process as open as possible, and to develop a plan that most of the constituents will be able to identify with and have a feeling of ownership. Council Member Sniff questioned getting input from the public first. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 11 February 2, 1 999 Mayor Pena noted that Council has already had an opportunity to provide some input. In response to Council Member Sniff, Mr. Freeland advised that the Traffic Calming Study is for the purpose of developing an atmosphere in the design theme that will slow down traffic. He advised that the construction plans for Calle Estado are for the prototype street that Council wished to have done in conjunction with the design theme for the downtown commercial district. MOTION It was moved by Council Members Sniff/Henderson to approve the procedure to receive and incorporate public input for the design theme of the Downtown Commercial District, Phase V-A. Motion carried unanimously. MINUTE ORDER NO.99-12. 6. CONSIDERATION OF ADOPTION OF A CHANGE TO A CITY COUNCIL POLICY REGARDING THE UTILIZATION OF THE $8.50 PER TON FEE COLLECTED TO FUND NON-REGIONAL AND REGIONAL SOLID WASTE PROGRAMS. Mr. Herman, Community Development Director, advised that on July 2, 1 996, Council moved to use the $8.50/ton landfill tipping fee reduction to fund solid waste programs being reduced or eliminated by the Riverside County Waste Management Resources District. The $8.50 funds were allocated for AB939 programs, transfer station development program, prelevelization of haul costs, and household hazardous waste programs, and some of the monies have been spent for reconciliation costs and additional transportation costs due to the closing of the Coachella Landfill. Although a small portion of the transportation costs are collected as part of the refuse rates, the City?s Franchise Agreement provides for the City to pay Waste Management of the Desert additional transportation costs, not to exceed $79,677 annually. In order to keep the refuse rates as low as possible, the City has anticipated subsidizing the reconciliation and transportation costs with the $8.50/ton account. Staff is requesting a modification of the policy by creating one account for the $8.50/ton amount to be used for regional waste programs, local recycling programs, and franchise implementation of the City?s collection and recycling programs. In response to Mayor Pena, Mr. Herman advised that there?s approximately $80,000 currently in the account, noting that some of it has been used for reconciliation costs and other things. In response to Council Member Henderson, Mr. Herman advised that there are no legal limitations on expenditure of those funds. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 1 2 February 2, 1 999 Mayor Pena noted that the transfer station has never materialized, and if there are excess funds in the account, he wished to see them refunded to the residents. Mr. Herman advised that Council will have that option when they consider Waste Management's request for a rate increase this summer. Council Member Adolph noted that he was in favor of refunding the money in the past, and wasn't aware that it was being used for these expenditures. In response to Council Member Adolph, Mr. Herman advised that the possibility of a transfer station is still out there, and that the funds could be needed for that. In response to Council Member Adolph, Tom Freeman, 54-220 Avenida Obregon, Vice President of Waste Management of the Desert, advised that according to Mr. Nelson of Riverside County Waste Management, the capacity of Edom Hill is easily up to 2004. As for the status on transfer stations, he noted that CVAG's effort failed to materialize, and that if Coachella's transfer station is built, the tipping fee will be $36/ton. Waste Management has collected and returned approximately $304,000 to the City relative to the $8.50 reduction, and he felt there should be a surplus of $281,000 less the reconciliation cost. In response to Mayor Pena, Mr. Herman advised that approximately $150,000 has been spent from the account for 1 997 reconciliation costs, and the 1 998 figures haven't been determined yet. If there's not enough in the account to cover the 1998 costs, we'll have to draw from the General Fund. Mr. Freeman felt a household hazardous waste program is needed, and noted that Riverside County Waste Management is reconsidering it. Mayor Pena advised that he would still like to see any excess funds refunded to the residents. Mr. Herman stated that the rates have already been set, and that that can be addressed when the new rates are proposed. He reiterated that staff is looking for a modification to the policy in order to pay Waste Management for the additional transportation costs. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VI City Council Minutes 1 3 February 2, 1 999 MOTION It was moved by Council Members Sniff/Henderson to approve the proposed Council Policy modification to utilize the $8.50 per ton Landfill Tip Fund to fund regional waste programs, local recycling programs, and franchise implementation of the City's Collection and Recycling programs; and to establish one revenue and expenditure account to tract the financial activity. Motion carried unanimously. MINUTE ORDER NO.99-13. Council Member Sniff felt it's imperative for the City t6 continue working with the other entities in regard to a transfer station or alternate solution because 2004 is not far away and it takes three years to build a transfer station. Mayor Pena wished for staff to come back with the exact balance in the account and to see some consideration given to refunding the excess funds. 7. CONSIDERATION OF ADOPTION OF CULTURAL RESOURCES GUIDELINES APPENDIX B: CULTURAL RESOURCES CONSULTANT QUALIFICATIONS. APPLICANT: CITY OF LA QUINTA. Ms. di lono, Planning Manager, advised that each public and/or private project application submitted to the City is required to include a cultural resources report as part of the development review process. The Historic Preservation Commission, who has been entrusted by the State Historic Preservation Office to uphold the Secretary of Interior's Standards and Guidelines for Archaeology and Historic Preservation, is recommending that the City adopt the Secretary of Interior's qualification standards and guidelines for archaeological principal investigators. They're also recommending that Caltrans' requirements be used for other qualified crew member positions not identified by the Secretary of the Interior's standards. Council Member Perkins asked about some comments on the proposed guidelines that were distributed to Council just prior to the meeting, and stated that he wished to review them before going any further with this. Ms. Mouriquand, Associate Planner, advised that the comments were submitted by Michael Rodarte, who she understood is a senior at Cal-State University San Bernardino. MOTION It was moved by Council Member Perkins and seconded by Mayor Pena to continue consideration of the Cultural Resources Guidelines to February 16, 1999. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 14 February 2, 1999 Robert Wright, 53-795 Eisenhower Drive, an Historic Preservation Commission member, asked for this item to be referred back to the Commission for further review. Bruce Love, an archaeologist, stated that the project he?s working on would not be in compliance if the. guidelines are adopted as recommended, and he didn't know of any other jurisdiction that dictates down to the crew member level. He would be more comfortable if it contained an equivalency clause for those without degrees. AMENDED MOTION It was moved by Council Member Perkins and seconded by Mayor Pena to refer the Cultural Resources Guidelines back to the Historic Preservation Commission for further review. Motion carried unanimously. MINUTE ORDER NO.99-14. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT None PRESENTATIONS The Mayor and Council Members presented Art Awards to the following students of Adams School whose artwork has been on display at City Hall: Sarah Baker Aimee Fain Angel Pena Cody Blate Lauren Gayler Elisa Polanco Jessica Burnett Danielle Knickerbocker Luis Quintero Lisa Carlos Stevie Loera Ismena Rivas Patrick Canaan Gabrielle Martinez ltzel Rosas Alberto Chavez Miguel Munoz Juliet Segal Monique De La Rosa Lucy Orozco Penelope Vargas Stephanie Wright BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 1 5 February 2, 1 999 PUBLIC HEARINGS 1. WEED ABATEMENT/LOT CLEANING ASSESSMENTS FOR PLACEMENT ON 1999/2000 TAX ROLL. A. CAPITOL CONT. CORP. APN 643-311-003 $218.75 B. POOLE, JACK APN 649-071-006 $312.50 C. TAYLOR, CARRIE APN 646-311-029 $1,000.00 D. SPECIAL CUTTING TOOLS APN 769-113-013 $156.25 E. SPROW, ROBERT & KAREN APN 769-262-021 $156.25 F. MINKOFF, EDIE F. SCHUR APN 773-072-005 $156.25 G. TOZZER, LEROY C. & PATRICIA APN 773-135-005 $156.25 H. DUNNIGAN, HAZEL APN 773-151-006 $218.75 I. BARCA, RON APN 773-163-001 $312.50 J. KANAVICH, JOSEPH APN 773-173-031 250.00 K. KANAVICH, JOSEPH APN 773-173-032 $250.00 L. WINFREY, ELAINE R. TRUSTEE WINFREY, WILLIAM APN 774-063-024 $156.25 M. LOVELL, JOHN & MONICA APN 774-082-020 $156.25 N. LUNDIE, DANIEL S. APN 774-082-020 $156.25 0. MARKS, GENEIVA APN 774-115-007 $156.25 P. YUCCA EQUITY EXCHANGE, INC. APN 774-121-004 $156.25 Q. HOMESIDE LENDING APN 774-215-023 $218.75 R. HOMESIDE LENDING APN 774-215-024 $218.75 The Mayor declared the PUBLIC HEARING OPEN. Mr. Hartung, Building & Safety Director, advised that payments have been received for Items A, E, F, G, H, L, and M and recommended that the costs for cleaning the remaining parcels be placed on the 1 999/2000 tax rolls. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.99-25 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/Henderson to adopt Resolution No. 99-25 as amended. Motion carried unanimously. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 1 6 February 2, 1 999 2. CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 98-365 AND APPROVAL OF TENTATIVE TRACT 28964- REQUEST TO SUBDIVIDE 39 ACRES INTO 78 SINGLE-FAMILY RESIDENTIAL AND OTHER COMMON LOTS WITH PRIVATE STREETS LOCATED ON THE NORTH SIDE OF AVENUE 50 APPROXIMATELY 1,600 FEET WEST OF JEFFERSON STREET. APPLICANT: OLIPHANT AND WILLIAMS ASSOCIATES, INC. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the pm posed tract is located north of Avenue 50 and approximately 1 600 feet west of Jefferson Street. The applicant is requesting to subdivide 39 acres into 78 single-family and other common lots, with 40-foot-wide private streets. The lots are 1 5,000 sq. ft. or larger, with the common lots providing for onsite storm water retention and landscaping. The Planning Commission has recommended approval subject to findings and conditions. In response to Council Member Adolph, Mr. Herman advised that the west side of the common driveway will be jointly developed by Rancho La Quinta and Oliphant & Williams. Ultimately, it will be the one access serving both developments. Richard Oliphant, 45-500 Navajo Road, Indian Wells, advised that they are in agreement with the recommended conditions of approval. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.99-26 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, CERTIFYING A MITiGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-365 PREPARED FOR PROPOSED TENTATIVE TRACT MAP 28964 OLIPHANT AND WILLIAMS FOR RANCHO LA QUINTA AVENUE 50 PARTNERS LIMITED PARTNERSHIP). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-26 as submitted. Motion carried unanimously. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 17 February 2, 1999 RESOLUTION NO.99-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 78 SINGLE-FAMILY AND OTHER COMMON LOT SUBDIVISION ON 39 ACRES LOCATED ON THE NORTH SIDE OF AVENUE 50, 1,600 FEET WEST OF JEFFERSON STREET TENTATIVE TRACT MAP 28964 OLIPHANT AND WILLIAMS FOR RANCHO I-A QUINTA AVENUE 50 PARTNERS LIMITED PARTNERSHIP). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-27 as submitted. Motion carried unanimously. Council Member Henderson thanked the Historic Preservation Commission and Planning Commission for the time they spent working on this project. BUSINESS SESSION................continued 8. CONSIDERATION OF LA QUINTA MARKET ANALYSIS AND COMPETITIVE POSITION WITHIN THE COACHELLA VALLEY. Mr. Weiss, Assistant City Manager, advised that the report submitted was prepared by the Sedway Group, and is designed to provide some idea of how the City currently stands and will stand for the next five to seven years in various markets in the valley and in the region. It's part of the City's economic development planning process and is hoped to be used in preparing the Economic Development Plan, which will be submitted to the Council in March. It will also be used in carrying out the City's economic development efforts for the upcoming year. He then introduced Carol Fredholm and Alan Billingsley, of the SedwayGroup. Alan Billingsley, 3 Embarcadero Center, Suite 11 50, San Francisco, Principal with Sedway Group, advised that they were asked to analyze the market for a number of non-residential land uses that could realistically be absorbed within a five to seven-year time period. They looked at various forms of retail, hotel resort, golf course, entertainment, commercial recreation, office, industrial, and live-work loft housing. After analyzing data compiled from a number of private and governmental sources, and interviews with a number of knowledgeable sources and local businesses, they have prepared conclusions regarding each of the land uses, and have provided their assessment of La Quinta's competitive position within the valley. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 1 8 February 2, 1 999 The commercial market is driven by residential growth, which they estimate will increase in the City from 20,000 to 30,000 permanent residents and from 9,000 to 1 6,000 seasonal residents by the year 2005, with many of the seasonal residents converting to permanent residents when they retire. This translates to 7,000-8,000 new homes between now and 2005. As for the commercial market, they see retail, and more specifically sub-regional retail, as the greatest potential in the immediate market. He noted that sub- regional retail centers, as opposed to regional retail like the Palm Desert Town Center, do not need to draw from that big of a population. Examples of the type of tenants they feel the City can draw are Staples, Marshalls, T J Maxx, Ross, Burlington Coat Factory, Linens and Things, Lamps Plus, Sears Home Line, Target, Sportmart, etc. There's also near-term demands to develop a cluster of restaurants, including family-style restaurants, cafes, and dinner houses, and approximately 50,000 sq. ft. of industrial uses, as well as a mid- priced hotel. The demands for other uses further into the five to seven-year period, include another resort hotel/golf course, perhaps a smaller spa hotel, and another neighborhood retail center. However, neighborhood retail centers are typically dependent upon supermarkets, which the City is currently overbuilt. They recommend a neighborhood retail center of at least 20 acres somewhere along the Jefferson Street corridor. There's also a modest demand emerging for office space for financial services. The two speciality uses, which would require some public investment, are live-work loft housing and a public golf course. Live-work loft housing could be a potential use to help jump start some activity in The Village because there is a burgeoning, struggling artist community in the valley that could be attracted into a concentration, and La Quinta has the ideal situation given its art focus. The public golf course idea stems from the concern that many of the golf courses are converting from semi- private to private golf courses. One possibility for accomplishing this might be for a mid-priced housing development that doesn't rely upon a private golf course, but that could benefit from having frontage along a golf course, to donate land for the City to develop as a public golf course. Uses that they do not see potential for within the next five to seven years are: a regional retail center, like the Palm Desert Town Center; a cinema theater complex, which is already well served in the valley; and family entertainment uses such as bowling alleys or ice skating rinks, because the City is not well positioned for such activities. He concluded by stating that they feel the City is doing things right. It is competing extremely well in the sub-regional retail market, and by attracting three major retailers, now has the possibility of solidifying that by attracting several hundred thousand square feet of additional retail. In doing that, it will become the sub-regional retail center for the eastern central valley. In addition, BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 19 February 2, 1 999 the City is a high quality resort destination area, and although it is somewhat under-recognized within the Palm Springs market, it will become more firmly established through the establishment of additional high quality hotels. It is also supported by the arts focus and golf courses. In developing the sub-regional retail, it's important to establish and reinforce the high quality nature of the market, and the Highway 111 corridor is extremely important in terms of how it is developed and the image that it establishes. Council Member Adolph felt that it was a great presentation, and although he hasn't had a chance to really study the report, felt it's a good base for the City to start working on. Council Member Perkins stated that he, too, hadn't had a chance to really study the report, but he liked the way it was laid out. Council Member Henderson also complimented the consultant on his presentation and report, and asked if the conclusion for a second regional retail center being possible about 201 0 was derived from standard statistical data. Mr. Billingsley responded yes, but noted that the Palm Desert Town Center is hard to compete with because it was so well developed. They feel that the permanent and seasonal population will reach a level by 2010 to justify an additional regional retail center. In response to Council Member Henderson, Mr. Billingsley advised that they don't know what Internet sales are going to do at this point. He felt value retail would be more affected than department stores. Council Member Henderson believed it's the first graders that are going to end up being the Internet shoppers. Mayor Pena questioned at what point a retailer looks at locating in a center like The Gardens in Palm Desert, noting that it lacks shoppers sometimes, even during the peak season. Mr. Billingsley stated that it's too soon to analyze figures on that center. Council Member Henderson was pleased to hear about the possibilities of having a mid-priced motel/hotel. Council Member Sniff wasn't convinced that we can look at what the valley will be in 5-10 years with any degree of certainty or sufficient clarity. He believed Palm Desert's success will end up hurting them because of the difficulty in BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 20 February 2, 1 999 accessing their stores. He felt shoppers will gravitate to more reasonable alternatives within the general sub-region. He also felt the east end of the valley is going to be the highest growth area, and that La Quinta will stand to benefit from it if the City promptly positions itself and also deals with the growth problems related to more-highly urbanized areas. In addition to seasonal residents, he felt the highly transient population that shops and plays here on weekends would increase in the City if we had sufficient hotel accommodations and more places to shop and play. He commented on the City's population growth and felt it would be somewhat higher than projected by the consultant. He felt sub-regional retail makes more sense than a major regional retail center, and that clusters of hotels serving varying price ranges are needed instead of just one mid-priced hotel. He agreed the Jefferson Street corridor is going to be just as important as Washington Street in 5-1 0 years, and felt that office space must be in clusters to be successful. He wasn't sure what live-work loft housing would do for The Village, but felt the artist concept would be tough. He suggested a public golf course in conjunction with one or two intermediate- priced hotels, and noted that the cinema market mainly attracts teenage girls. Mr. Billingsley pointed out that a lot of the retailers they've suggested are currently located in Palm Desert, which he agreed is becoming overly congested. Another market he wished to mention is the timeshare market, which is growing in the valley. He liked the idea of combining a hotel and public golf course, and suggested the area to the east as a potential site should that area be annexed. Mayor Pena noted that the valley has a number of museums and asked about the market for a sports golf) related museum. He also asked if there's a market for any type of outlet stores in this area, possibly on a smaller scale than the Cabazon outlet stores. Mr. Billingsley believed the outlet center market has been pretty well maxed-out, and noted that immediate freeway access is important for it to be successful. Mayor Pena noted that the report covers a lot of traditional type developments, and asked what's around the corner. Mr. Billingsley felt there is a panache to the arts, and noted that the City already has some of the basic elements that are needed. No one is currently doing the struggling-artist galleria market. In response to Council Member Perkins, Mr. Billingsley advised that the Cabazon outlet center is a completely different market and draws people from as far away as Los Angeles. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 21 February 2, 1999 MOTION It was moved by Council Members Sniff/Adolph to receive and file the La Quinta Market Analysis and Competitive Position Within the Coachella Valley. Motion carried unanimously. MINUTE ORDER NO.99-15. 9. CONSIDERATION OF MID-YEAR BUDGET REPORT FOR FISCAL YEAR 1998/99. There were no changes to the staff report as submitted to the City Council by the Finance Department and on file in the City CIerk?s Department. Council Member Henderson stated that she has received numerous compliments on the new stop signs, and asked how many the $4,500 would cover, to which Mr. Vogt, Public Works Director, responded enough for approximately 1 0 intersections. MOTION It was moved by Council Members Sniff/Henderson to: 1 approve an increase in estimated revenues for Project Area Nos. 1 and 2 as outlined in Attachment No. 1 of the report totaling $186,872; 2) approve the new appropriations as outlined in Attachment No.1 of the report totaling $279,850 from the General Fund and a reduction of $490,362 in RDA Project Nos. 1 and 2; 3) approve the transfer of $51 1,509 from the Debt Service Project Area No.1 Fund to the Capital Projects Area No.1 Fund; and 4) approve the transfer of $742,609 from Debt Service Project Area No.2 to the Capital Projects Area No.2 Fund. Motion carried unanimously. MINUTE ORDER NO.99-16. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Mid-Year Budget Report for FY 1 998/99. Motion carried unanimously. MINUTE ORDER NO.99-17. See additional comments on Page 23. 10. CONSIDERATION OF APPROVAL TO INCLUDE LANDSCAPING OF AVENUE 50 MEDIAN ISLANDS FROM EISENHOWER DRIVE TO WASHINGTON STREET INTO THE FISCAL YEAR 1998/99 CAPITAL IMPROVEMENT PROGRAM. There were no changes to the staff report as submitted to the City Council by the Public Works Department and on file in the City Clerk's Department. Council Member Adolph was concerned about the manner in which this issue was handled and the possible perception that what the Council did was wrong. He brought this issue up back in December after receiving several letters and phone calls from residents living in the adjacent area who stated that they had BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 22 February 2, 1 999 been promised for years that the medians on Avenue 50 would be landscaped. At that time, Council Member Henderson felt that it should be considered with the CIP in March, which meant that it wouldn't be approved until July and probably not started until 2000. Then KSL wrote a letter on January 8 confirming that they would help with the maintenance costs for at least two years for a few thousand dollars, and at the January 1 5 Council meeting, Mayor Pena advised that discussions had been held with KSL and the La Quinta Country Club in regard to them paying for the maintenance costs. He noted, however, that staff was unaware of any discussions with the La Quinta Country Club. Again, Council Member Henderson spoke and said she felt the project has earned the right to move forward since these entities have agreed to help. He, however, didn't feel the offer of a few thousand dollars for a couple of years is what makes this $222,000 project viable. He felt what makes it viable is the fact that it's needed, it's been promised, and there are funds in the budget to do it. His concern was how the Council's decision to move forward with this project might be perceived by the residents who had asked for it to be done for years, only to see it stonewalled and then fast-tracked after KSL spoke out in support of it. He supported moving forward with the project and thanked KSL for helping with the maintenance costs, but hoped the Council would be careful to avoid any repercussiQns in the future. Mayor Pena advised that the La Quinta Country Club was actually the genesis in trying to get the costs for the median landscaping, and had contacted him and the Public Works Director about it. They met with KSL and came to an agreement with them on sharing the costs. Mr. Vogt, Public Works Director, advised that the letter from KSL states that they will cover 50% of the maintenance costs up to $3,500 for a term of two years. The City hasn't received anything in writing from the La Quinta Country Club regarding picking up the other 50%. MOTION It was moved by Council Members Sniff/Adolph to approve the addition of Avenue 50 Median Island landscaping from Eisenhower Drive to Washington Street into the Fiscal Year 1 998/99 Capital Improvement Program CIP), and approve budgetary funding in the amount of $222,902 from the City's Infrastructure Fund. Motion carried unanimously. MINUTE ORDER NO. 99-18. STUDY SESSION None BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 23 February 2, 1 999 Mr. Genovese, City Manager, made an additional comment to Business Session Item No.9 Mid-Year Budget Review), in regard to the funding for widening Washington Street between Fred Waring Drive and Darby Road. Approximately $252,000 was scheduled to be spent on this project, but due to a proposal from CVAG and some of its membership in relation to widening Washington Street to three lanes in each direction, the City's estimated share of cost will be approximately $109,000. Staff will be coming back with an MOU in the near future to ensure that the roadway is completed by December 31, 1999, per Council's desire as expressed in the Settlement Agreement with the County and developer of the tennis complex. No appropriations are necessary. REPORTS AND INFORMATIONAL ITEMS Palm Springs Desert Resorts Airline Services Committee Council Member Henderson reported that they will be meeting on February 9. All other reports were noted and filed. DEPARTMENT REPORTS C. HISTORICAL SOCIETY ANNIVERSARY GALA. Mrs. Juhola, City Clerk, asked if the Council wished to buy a table at the Historical Society Anniversary Gata to be held at the La Quinta Hotel on February 20. Council concurred on buying a table for 8 or 10. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING POSSIBILITY OF INSTALLING PLAY EQUIPMENT AT FRITZ BURNS PARK FOR THE PHYSICALLY-CHALLENGED. Council Member Sniff wished to see some consideration given during next year's budget for installing some play equipment for the physically-challenged at the Fritz Burns Park. Council concurred. BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VICity Council Minutes 24 February 2, 1 999 2. DISCUSSION REGARDING THE LIBRARY MOU BETWEEN THE CITY AND THE COUNTY. Council Member Adolph was concerned about the lack of progress in moving forward on the library, and understood from Wells Marvin that the County has not been responding to his inquiries. He asked about the timetable within the MOU and the status of the situation at this time. Relative to the legal aspect, he also wished to know how long the City has to wait before it can cancel the MOU and move forward on its own and what would happen to the money that the City gives to the County on a yearly basis. Mr. Genovese, City Manager, advised that a legal analysis would need to be brought back for Council in regard to separating from the MOU. In addition, there are financial implications that would need to be looked at in more depth. Mr. Wilson, Management Analyst, advised that for the last few weeks staff has anticipated the County taking a lease amendment to the Board of Supervisors in regard to the actual remodeling of the library space. It is staff's understanding that the County has entered into a lease agreement with Mr. Marvin, but the actual remodeling will be the landlord's responsibility. The City received a letter today from the County which stated they are finalizing the lease amendment with Mr. Marvin. They're also proposing to close the library the week of February 1 5 to start construction, and will provide the book mobile during that week. When staff spoke to Mr. Marvin this morning he indicated that he had not reached an agreement with the County as to how to handle the remodeling. Council Member Adolph stated that he didn't have a problem with this as long as it's moving forward within a reasonable time period. Otherwise, Council needs to take a good hard look at it. 3. DISCUSSION REGARDING ABANDONED DOGS. Council Member Perkins spoke regarding the number of dogs that are being destroyed at the pound which is basically due to dogs not being altered. He noted that Los Angeles' dog license fee for unaltered dogs is $100. He suggested the possibility of working something out with local veterinarians whereby low-income households could get their dogs altered free or at a lower cost. He has asked staff to look into this and report back to Council. In response to Council Member Henderson, Mr. Hartung, Building & Safety Director, advised that Dr. Homec has been taking some of the dogs that are BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02 d_VI City Council Minutes 25 February 2, 1 999 brought in by their owners if he feels that they are adoptable. Dogs turned in by their owners have to be kept two days before they?re destroyed. Currently, the dog shelter is holding dogs for five days. The requirement by law is four days. 4. DISCUSSION REGARDING A JOINT MEETING WITH THE PLANNING COMMISSION. Council Member Henderson wished to see a joint meeting scheduled with the Planning Commission. Some of the items that she wished to see discussed are the Housing Element and the amount of participation that the Planning Commission should or should not have when it comes to financial considerations for the City. Council Member Adolph noted that Council has discussed having annual meetings with all of the Commissions. Council concurred. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 1. 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. submitted, J;??'H?RA;;OLA, City Clerk City of La Quinta, California BIB] 03-01-1999-U01 03:04:15PM-U01 ADMIN-U01 CCMIN-U02 02-U02 02-U02 1999-U02