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1999 06 15 CC Minutesd_[ LA QUINTA CITY COUNCIL MINUTES JUNE15, 1999 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 None CLOSED SESSION 1. Evaluation of Council-appointed position, City Manager, pursuant to Government Code Section 54956.6. 2. Appointment of Council-appointed position, City Clerk, pursuant to Government Code Section 54956.6. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. PUBLIC COMMENT Robert Foulk, 57-540 Interlachen, President of PGA West Master Association HOA), spoke regarding the need for golf cart under-crossings at Madison Street to access the new Norman Golf Course, and urged Council to do whatever they can to see that golf cart tunnels are made a part of the upcoming construction. Council Member Adolph felt that the safety issue of driving carts across Madis?n Street and Airport Boulevard hasn?t been addressed, and wished to have staff take a look at it and bring it back to Council to see whether it?s appropriate for golf carts to be driving across Madison Street, given the growth potential that exists. In response to Council Member Henderson, Mr. Foulk advised that the HOA sent a letter to KSL, but hasn?t received a response yet. Council concurred on referring it to staff with a report back to Council. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 2 June 15, 1999 Mayor Pena asked if the issue of roundabouts had been brought before the HOA, to which Mr. Foulk responded no. Jim Saul, 57-1 36 Merion, President PGA West Residential Homeowners Association No.2, supported Mr. Foulk's comments, and stated that they are very concerned about the safety issue. In regard to roundabouts, he stated that he just returned from Ireland, and felt they work great there, and would work good at Jefferson Street and Avenue 52. Robert Tyler, 44-215 Villeta Drive, stated that he recently attended a commission recognition dinner that was sponsored by the City of Palm Springs to show its appreciation for the time and effort put forth by their various commission members. New commission members were introduced and outgoing members were presented plaques. He suggested that a similar recognition dinner be considered in La Quinta, and felt it's timely since new commission members will be taking office in July. Mayor Pena advised that it's been under discussion, and may be included in the budget. * * * ** ** * ** * * Audrey Ostrowsky, P.O. Box 351, felt she has been harassed and discriminated against by the City because of her outspoken comments about the downtown area. She's been told to strip her land and refuses to do it because the plants are still alive. She didn't feel that streets and sewers are going to help develop the downtown area because there are other issues to consider, such as the lack of parking. CONFIRMATION OF AGENDA Cuncil Member Henderson noted that Consent Calendar Item No.6 should be deleted Lecause the meeting has been canceled. Mayor Pen a asked that Consent Calendar Item No.1 0 be moved to Business Session Item No.4. Council Member Henderson asked that Consent Calendar Item No.4 be moved to Business Session Item No.5. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 3 June15, 1999 MOTION It was moved by Council Members Perkins/Adolph to confirm the agenda as amended deleting Consent Calendar Item No.6 and moving Consent Calendar Item No. 10 Janitorial Services) and Consent Calendar Item No.4 AB939 Services) to Business Session Item Nos. 4 and 5 respectively). Motion carried unanimously. APPROVAL OF MINUTES Council Member Adolph advised of a correction in the fourth paragraph on Page 1 7, wherein Madison Street" should be changed to Avenue 54." MOTION It was moved by Council Members Henderson/Adolph to approve the City Council Minutes of June 1, 1999, as corrected. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Council Member Henderson presented a plaque received from Desert Beautiful for the City's outstanding contribution to desert beautification. WRITTEN CORRESPONDENCE 1. LETTER FROM DIANA BROWN RESIGNING FROM THE INVESTMENT ADVISORY BOARD. Council concurred on directing staff to prepare a letter of appreciation and plaque for Ms. Brown for her service on the Board. Council Member Perkins wished to discuss the vacancy for possible reduction in the members?;p before beginning the recruitment process. Council Member Sniff noted that it was discussed last year, and Council decided to leave the Board at seven members because they felt the expertise was valuable. Council concurred on agendizing it for discussion at the next meeting. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 4 June 15, 1999 2. LETTER FROM COACHELLA VALLEY MOUNTAINS CONSERVANCY REQUESTING FUNDING. Council Member Sniff asked for Council's support in considering this request during the budget process, and hoped an amount at least equal to what was given last year would be considered. Council concurred on considering it during the budget process. 3. LETTER FROM AUDREY OSTROWSKY REGARDING A NOTICE OF PUBLIC NUISANCE. Received and filed. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 15, 1999. 2. TRANSMITTAL OF TREASURER'S REPORT DATED APRIL 30, 1999, FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. 3. AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT WITH IMPACT SCIENCES TO PREPARE AN ENVIRONMENTAL IMPACT REPORT FOR A REQUEST OF A GENERAL PLAN AMENDMENT AND ZONE CHANGE FOR THE RANCH" CONSISTING OF TWO GOLF COURSES, HOTELS, COMMERCIAL USES, RESIDENTIAL UNITS, AND OFFICES FOR THE PROPERTY LOCATED WEST OF JEFFERSON STREET, SOUTH OF AVENUE 52, AND NORTH OF AVENUE 54. APPLICANT: KSL LAND CORPORATION. 4. SEE BUSINESS SESSION ITEM NO.5. 5. APPROVAL TO NEGOTIATE WITH T?E FIRM OF NICKERSON, DIERCKS, AND ASSOCIATES TO PROVIDE ADR???NISTRATlVE SUPPORT SERVICES FOR CAPITAL IMPROVEMENT PROJECTS AND PRIVATE DEVELOPMENT PROJECTS. 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR COUNCIL MEMBER HENDERSON TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ADMINISTRATIVE SERVICES COMMITTEE MEETING IN SAN JOSE, JUNE 24-25, 1999. This item was deleted see Confirmation of Agenda.) BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 5 June15, 1999 7. ACCEPTANCE OF AN EMERGENCY MANAGEMENT ASSISTANCE" EMA) GRANT TO BE UTILIZED TO PURCHASE A SATELLITE PHONE. 8. ADOPTION OF RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION FOR FISCAL YEARS 1998/99 AND 1999/2000. RESOLUTION NO.99-78) 9. APPROVAL OF AN AWARD OF CONTRACT FOR PROJECT LMC 99-01 LANDSCAPE LIGHTING MAINTENANCE. 10. SEE BUSINESS SESSION ITEM NO.4. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with Item No.6 being deleted and with Item No.8 being approved by RESOLUTION NO.99-78. Motion carried unanimously. MINUTE ORDER NO.99-72. BUSINESS SESSION 1. CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF PROJECT 98-09, WASHINGTON STREET BRIDGE WIDENING. Mr. Vogt, Public Works Director, advised that the apparent low bidder, Banshee Construction Company, was non-responsive due to the failure to indicate the subcontractor percentages in their paperwork. Therefore, staff recommended that Banshee Construction be declared non-responsive, and that the contract be awarded to the second lowest bidder E. L. Yeager Construction Company. Staff further recommended that Council approve the execution of a reimbursement agreement between the City and Imperial Irrigation District lID) for facilities for lID, subject to the City Attorney's approval of the contract language. Council Member Adolph asked if the low bidder is ever c?ntacted by staff to find out why the information was left out. Mr. Freeland, Senior Engineer, advised that staff does contact them, and that in this case, Banshee has indicated that it was unintentional due to being in a rush to submit the bid. However, the City has set a precedent in the past by declaring the low bidder in such cases as non-responsive. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 6 June 15, 1999 In response to Council Member Adolph, Mr. Freeland advised that the $23,000 from the APP fund was originally budgeted at $54,000, and that it was allocated prior to the APP funds being allocated for the monument signs. In response to Council Member Sniff, Mr. Freeland advised that State contract law requires contractors to identify all subcontractors greater than one-half of 1 % of the overall contract value, and that Banshee omitted all of the percentages. He noted that at this point, they could change those percentages to anything. In response to Council Member Henderson, Mr. Freeland confirmed that the $54,000 estimate from the APP Fund was derived through working with the artist, and that the artist's plan has been bought and will be taken to a welder to manufacturer. In regard to the construction schedule, he advised that 90 days is a maximum period between the contract award date and the day the Notice to Proceed is issued. There are still some right-of-way issues to address prior to construction, and the contractor will be contacted after that's done. The date for the Notice to Proceed is usually a mutually-agreed upon time, giving the contractor sufficient notice to get their contract documents into the City for execution. Council Member Henderson wished to see the timeframe shortened if possible. Jeff McDermott, 1 600 E. Steel Road, Colton, of Banshee Construction Company, advised that they didn't receive the bid addendum until the day the bid was due, and it substantially changed the bid items. He advised that they did name all of the subcontractors over one-half of 1 % along with their categories, but not the percentages. There was nothing stated in the bid instructions about filling out the percentages, and it's not unusual for some agencies to fill the percentages out themselves or to have the contractor do it after the contract has been awarded. He stated that the law does not require percentages to be listed. Mr. Vogt advised that the law was put in place to protect the subcontractors, and that the City has set a precedent in two previous cases. He noted th't there is some 5B300 funding involved with this project, and was concerned about how it might be affected if this provision is waived. In response to Mayor Pena, Mr. Freeland advised that the bid documents include blank lines for the subcontractor's name, field of work, and percentage of work. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 7 June 1 5, 1 999 Council Member Henderson noted that the City has no way of knowing what percentage of the work the prime contractor is going to do until the subcontractors' percentages are filled out. Council Member Adolph stated that it's hard for him to spend an additional $1 30,000 because of a minor omission in the documents that could be fixed in one day. He felt perhaps there should be a grace period allowed in such cases. Mr. Freeland advised that all of the contractors were forewarned in the pre-bid conference to include their percentages. Council Member Sniff felt it's important to stick with the rules, otherwise, it becomes capricious. Council Member Perkins felt that if bids are allowed to be altered after they?ve been opened, it destroys the bid process. Council Member Henderson stated that she comes from the construction business, and feels that it's not easy being on either side in this type of situation. However, she understood the bid process, and felt that it's done once the bids are opened. Mr. McDermott stated that the contract code allows 24 hours to request percentages, and that he felt the City is mis-using the code. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that staff reviewed this issue extensively about six months ago, and she's comfortable with the current policy. She will review it again to check for any changes if Council wishes to continue this item. Council Member Sniff stated that he would feel more comfortable having the City Attorney research this issue again and report back to Council. Mr. Vogt noted that the contract must be awarded by June 30 to qualify for the SB3OO funding. Ms. Honeywell advised that case histories have to be reviewed, as well as the written law. MOTION It was moved by Council Members Sniff/Perkins to continue the matter of Capital Improvement Project 98-09 Washington Street Bridge Widening) to June 22, 1999, allowing appropriate staff to review the issues. Motion carried unanimously. MINUTE ORDER NO.99-73. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 8 June15, 1999 2. CONSIDERATION OF AWARD OF CONTRACT TO CONSTRUCT PROJECT 99-05, JEFFERSON STREET IMPROVEMENTS, AVENUE 54 TO HIGHWAY 111. Mr. Vogt, Public Works Director, advised that bids were opened on June 11, 1 999, with a roundabout at Jefferson Street and Avenue 52 listed as an add alternate. The Reimbursement Agreement Amendment No. 2 to the Memorandum of Understanding) between La Quinta, CVAG, City of Indio, and County of Riverside, has been approved in concept by CVAG's Executive Committee, who has referred the roundabout issue to the Technical Advisory Committee TAC) and the Transportation Committee. After reviewing the issue, the TAC approved the reimbursement of conventional signal improvements at Jefferson Street and Avenue 52, stating that the City should pay for all costs above and beyond for a roundabout. The Transportation Committee has concurred with their recommendation. He noted that at the bid opening, the roundabout was bid at $10,000 less than a conventional signalized intersection. In reviewing the alternatives available to Council, he advised that awarding a contract in the amount of $6,876,876 would include a signalized intersection at Avenue 52, and that a contract in the amount of $6,866,566 would include a roundabout at Avenue 52. A third alternative is to continue this item to June 29, 1 999, to give Council an opportunity to be advised of any additional CVAG Executive Committee actions that might be taken at their June 28 meeting. Both the City Attorney and CVAG?s attorney have approved the MOU language, and the MOU Amendment will be taken to lndio's City Council this week and to the County on June 22. Mayor Pena asked why the roundabout cost is less than what was anticipated. Mr. Vogt advised that the previous amount was only an estimate, and that bidders come in with different amounts, noting that it was substantially higher in the second lowest bid. Mayor Pena ask?J why there?s a significant difference in costs between the two lowest bids. Bob Ross, 74-410 Highway 111, Palm Desert, Vice President and Office Manager of Robert Bein, William Frost & Associates, advised that it?s primarily due to the unclassified excavation costs, which is removal and disposal of the existing roadway, and probably due to the difference in haul lengths. In response to Council Member Perkins, Mr. Vogt confirmed that the contract costs do not include acquisition of property. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 9 June 15, 1999 Mr. Ross advised that the property hasn't been appraised yet, but he was told by an appraiser that the owner of one of the corners at Jefferson Street and Avenue 52 is asking $5 per square foot. In response to Mayor Pena, Mr. Ross advised that an additional 1 576 sq. ft. will be needed for a roundabout at Jefferson Street and Avenue 52. He understood that KSL is donating the additional property needed on three of the quadrants. In response to Council Member Sniff, Mr. Ross advised that the estimated purchase costs includes all the right-of-way from Highway 111 to Avenue 54, however, some of the projects along Jefferson Street, such as Rancho La Quinta, have been conditioned to dedicate their portion of the right-of-way. For the land acquisitions on both sides of Jefferson Street, each city will pay their proportionate share of the costs. In response to Mayor Pena, Mr. Vogt advised that the roundabout concept has not gone before the Planning Commission, nor the Traffic Committee. Mayor Pena wished to have both the Planning Commission and Traffic Committee review the concept next week, to at least make them aware of it. He also wished to have the Sheriff?s Department provide a traffic analysis on a roundabout. In response to Council Member Adolph, Mr. Vogt confirmed that future developments on La Quinta's side of Jefferson Street will be conditioned to reimburse the City for their portion of the Jefferson Street improvements. Mr. Ross advised that the total project cost of $15 million for Phase 1 includes engineering, right-of-way acquisition, and utility relocation costs. Council Member Sniff suggested continuing this item to June 29 to allow more time to get additional material and reports from other agencies as suggested by the Mayor. Mayor Pena agreed, and felt it should be sent to the Planning Commission, as well as the Traffic Committee. Tim Bartlett, 73-382 Salt Cedar, Palm Desert, spoke on behalf of Jay Baden, a property owner on the southeast corner of Jefferson Street and Avenue 52. He didn't realize that property owners would have to reimburse the City for the street improvements when they develop their properties, and noted that since there are no sewer and water improvements there, they'll be incurring the costs BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 10 June15, 1999 of tearing up the road and rebuilding it in a few years. He advised that they've discussed the roundabout with both KSL and staff, and will support it, provided that they're assured of having a signal at the canal. Council Member Henderson understood from Mr. Bartlett's statement at the last meeting that Mr. Baden had just learned about the roundabout. However, she noted that Mr. Baden inquired about the roundabout at a public meeting held at the Senior Center on April 13. She continued to support a roundabout at Jefferson Street and Avenue 52, but felt there's enough time to deal with this and to come back with additional information. She noted that all of the input she's received from her inquiries about roundabouts has been positive. Council Member Sniff asked about installing pipes under Jefferson Street to facilitate future developments, and to keep them from having to tear up the street. Mr. Vogt advised that staff has coordinated with CVWD and lID on this, but there's no guarantee that a future development won't necessitate different facilities that may require tearing up the street. In response to Council Member Adolph, Mr. Vogt advised that sleeves could be installed under the street, but it would be difficult without knowing the size that will be needed or the location. Mr. Freeland noted that sleeves will be provided for the medians, as well as some empty sleeves at each intersection. Wayne Hancock, 55-920 PGA Boulevard, of KSL Land Corporation, read a segment from a Caltrans bulletin, regarding the favorable performance of roundabouts in terms of shorter delays, increased capacity, improved safety, and improved aesthetics. He further read that roundabouts have resulted in an overall reduction in the number and severity of accidents, despite the initial concern that lack of familiarity with this type of intersection would lead to driver confusion." In regard to the concern that roundabouts m??ht be confusing for senior citizens, he noted that Mr. Saul gave a st.3ng endorsement of roundabouts during the public comment" period today. A roundabout will cost less than a conventional signalized intersection, and he felt the costs related to purchasing additional land will be less than the savings realized from putting in a roundabout. He also felt the costs of future roundabouts will be even less once people see how they work and the actual costs involved. He urged Council to support construction of a roundabout at Jefferson Street and Avenue 52. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 11 June 15, 1999 Council Member Sniff advised that when he recently suggested to Larry Lichilter of KSL, that KSL put a roundabout at the PGA West entrance, Mr. Lichllter was opposed to it, which he felt was rather inconsistent since he supports having one at Jefferson Street and Avenue 52. Mr. Hancock felt some clarification may be needed because he believed Mr. Lichliter is in favor of a roundabout at that entrance. As for himself, he supports having one there, as well as at Jefferson Street and Avenue 52. MOTION It was moved by Council Members Sniff/Henderson to continue the matter of Project 99-05 Jefferson Street lmprovements to the Special Council Meeting of June 29, 1 999. Motion carried unanimously. MINUTE ORDER NO. 99-74. Council Member Perkins stated that at the CVAG Transportation Committee meeting the Mayor of Palm Springs complimented La Quinta for leading the valley in something that's new and different. 3. SECOND READING OF ORDINANCES ORDINANCE NO.332 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONE CHANGE TO REMOVE A TOURIST COMMERCIAL ZONE AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND AVENUE 48 AND TO REPLACE IT WITH THE GOLF COURSE AND RESIDENTIAL ZONE. It was moved by Council Members Sniff/Adolph to adopt Ordinance No.332 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 12 June 15, 1999 ORDINANCE NO.333 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY FROM COMMUNITY COMMERCIAL TO LOW- DENSITY RESIDENTIAL NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE 50 ZONE CHANGE 98-089, LUNDIN DEVELOPMENT). It was moved by Council Members Sniff/Adolph to adopt Ordinance No.333 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 4. CONSIDERATION OF APPROVAL OF AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES. There were no changes to the staff report as submitted to the City Council by the Building & Safety Department and on file in the City Clerk's Department. Mayor Pena noted that there's been some concern voiced about the current janitorial services, and stated that he wasn't convinced to move forward with the same company. Mr. Hartung, Building & Safety Director, advised that six months ago he wouldn't have been comfortable with it either, but since then there has been improvement. The owner of the company is making weekly walk-thrus with staff, and they're working with the City very well. The second lowest bid is within $400, and he advised that that company comes highly recommended as well. Council Member Sniff suggested a 90-day performance review to make sure that they're continuing to do the job. In response to Mayor Pena, Mr. Hartung advised that the City can cancel the contract at any time for failure to meet the City's specifications. Council Member Perkins didn't feel a 90-day review is necessary since there's a cancellation clause. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[ City Council Minutes 13 June 15, 1999 Mayor Pena advised that he hasn't seen a great deal of improvement, but felt it would be okay as long as staff stays on top of it, possibly with a monthly review. Mr. Hartung felt the current service provider has been very responsive to staff, and stated that if it fails to continue, staff will look to other sources for the services. MOTION It was moved by Council Members Perkins/Sniff to award the contract for janitorial services for City facilities to Desert Janitorial Company for one year in the amount of $48,342. Council Member Adolph felt it would be helpful to have the previous year's contract amount listed in the staff report. Council Member Henderson felt the past service provider should be listed as well. Motion carried unanimously. MINUTE ORDER NO.99-75. 5. CONSIDERATION TO AUTHORIZE THE CITY MANAGER TO SIGN A CONTRACT EXTENSION FOR A YEAR WITH HILTON FARNKOPF AND HOBSON, LLC FOR AB939 SERVICES FOR FISCAL YEAR 1999/2000 AND APPROPRIATION OF FUNDS IN AN AMOUNT NOT TO EXCEED $40,000. There were no changes to the staff report as submitted to the City C9uncil by the Community Development Department and on file in the City Clerk's Department. Council Member Henderson wished to know if the consultant was monitoring the development of current greenwaste facilities such as the facility in Indio and Cal Biomass, which is looking to expand. If so, she wished to know if they have submitted ny type of report, and if Council wishes to have any input as to whether or lot these things should happen. Mr. Herman, Community Development Director, advised that no formal report has been submitted yet, but the City does receive credit for its greenwaste that's taken there. Council Member Henderson understood the need for greenwaste facilities, but felt the City should have some involvement regarding the aesthetics of any BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 14 June15, 1999 expansions. She supported the proposed contract extension, but wished to have a report on these two facilities. MOTION It was moved by Council Members Sniff/Adolph to authorize the City Manager to sign a contract extension for services with Hilton Farnkopf & Hobson, LLC for AB939 services for Fiscal Year 1 999/2000 in an amount not to exceed $40,000, and appropriation of funds in an amount not to exceed $40,000. Motion carried unanimously. MINUTE ORDER NO. 99-76. STUDY SESSION 1. DISCUSSION OF WASTE MANAGEMENT OF THE DESERT SERVICE FEES RELATING TO THEIR REQUESTED RATES FOR FISCAL YEAR 1999/2000. Mr. Herman, Community Development Director, advised that the purpose of this study session is to discuss the City's solid waste collection and disposal funds, and a request for proposals. The waste program funds that are currently implemented as part of the monthly/yearly waste collection fee include the service costs, dump fee, $8.50 fund, AB 939 fund, transportation fund, and disposal reconciliation fund. The current residential rate is $9.96/month, and staff recommends that that rate be maintained. Staff proposes that the amount of money collected per fund change up or down, by taking some of the $8.50 fund and adding it to the other funds as needed. The City's obligation for transportation is $79,677/yearly and the current fund generates only $28,000, leaving a shortfall of $51,677. The reconciliation expenses for FY 1996/97 and 1 997/98 range from $25,000 to $79,000, and that fund generates approximately $1 5,000 a year, which could leave a potential shortfall of $64,000 to $11 7,000 for the two years. Utilizing the $8.50 fund would cover the deficiencies, pay Waste Management's CPI request, and retain money for a future transfer station or pay for anticipated long-haul disposal costs. He advised that the current franchise agreement expires on July 30, 2001, and that the options for Council to consider are to go with a sole source provider, open an RFP process, or to coordinate wit? other valley cities to enhance the City's negotiating position. A public hearir? will be scheduled in the future to set the residential and commercial rates. Council Member Perkins felt it's important for the residential rates to not increase. Mr. Herman advised that the intent is to keep the residential and commercial roll-off rates the same as last year. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 15 June 15, 1999 Mayor Pena asked how this is going to be affected by Eagle Mountain Landfill moving forward. Mr. Herman advised that it could affect future negotiations with the City's trash hauler because of the potential for additional transportation costs. Frank Orlett, 44-105 Camino Azul, Division President of Waste Management of the Desert, asked the City to do a comparison analysis of its current rates before deciding to spend money on a consultant for an RFP, noting that La Quinta has the second lowest rate in the valley and differs only by a few cents from the lowest rate. In response to Council Member Adolph, Mr. Orlett advised that their waste collection vehicles and recycling program will remain the same. In response to Council Member Henderson, Mr. Orlett advised that residents don't have to sort their recyclables anymore. They're sorted at a facility in Chino. In response to Council Member Sniff, Mr. Orlett advised that the trash collected in La Quinta goes directly to the landfill, and is not transferred to larger trucks. Council Member Sniff asked about the status of the Eagle Mountain Landfill. Mayor Pena advised that the appeals have been denied, and it's moving forward. In response to Council Member Henderson, Mr. Orlett advised that approximately 45% of their fleet is converted to CNG. Mayor Pena suggested continuing negotiations with Waste Management, rather than going out with an RFP. He wasn't sure how it would work to consolidate with other cities. Council Member Adolph supported staff's recommenc?tion for utilizing the $8.50 fund. Council concurred. Council Member Sniff agreed with continuing negotiations with Waste Management. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 16 June 15, 1999 Council Member Perkins agreed, stating that he hasn't received any complaints about the current service. Council Member Sniff suggested that La Quinta's rate be adjusted to make it #1 in rates. Council concurred on staff adjusting the waste program funds to maintain the current waste collection rate, and on starting negotiations with Waste Management on a new contract. Council recessed to Closed Session to and until 7:00 p.m. 7:00 P.M. Council reconvened with no decision being made in Closed Session which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). Mayor Pefla was not present for the 7:00 p.m. meeting. PUBLIC COMMENT None PRESENTATIONS None PUBLIC HEARINGS 1. SPECIFIC PLAN 83-001 AMENDMENT NO. 5 AND SITE DEVELOPMENT PERMIT 99-642 TO ALLOW AN INCREASE IN THE UNIT COUNT TO A PORTION OF LOTS 1 AND 2 OF PARCEL MAP 19730, TO SEPARATE THE SEASONS" FROM SPECIFIC PLAN 83-001, AND TO ADD A NE'?1 GRADING/UNIT TYPE ALONG THE NORTH SIDE OF THE 50-FOOT ELEVATION OF THE CHANNEL BERM WITHIN DUNA LA QUINTA. APPLICANT: CENTURY- CROWELL COMMUNITIES. Mr. Herman, Community Development Director, advised that since the applicant will not be through the Planning Commission process until September 21, 1 999, staff is recommending that this item be tabled and re-advertised for a future public hearing. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 1 7 June 1 5, 1 999 MOTION It was moved by Council Members Sniff/Adolph to table the matter of Specific Plan 83-001 Amendment No.5 Century-Crowell Communities). Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.99-77. 2. TENTATIVE TRACT MAP 29147, A REQUEST FOR A RESIDENTIAL SUBDIVISION OF 133 LOTS, A RESIDENTIAL LOT, AND OTHER COMMON LOTS ON 172.88 ACRES LOCATED AT THE NORTHEAST CORNER OF MADISON STREET AND AVENUE 58 IN PGA WEST. APPLICANT: KSL LAND CORPORATION. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the proposed tract map creates lots averaging 14,536 sq. ft., and that the Planning Commission has recommended approval, subject to findings and conditions. Council Member Adolph asked if Lots A and J would be gated and used strictly for emergencies, to which Mr. Herman responded yes. Chris Berg, 79-799 Old Avenue 52, of MDS Consulting and representing KSL, advised that they are in agreement with the conditions. They?re proposing that the street access points be gated, but there?s a possibility that the one on Avenue 58 could be a primary entrance if the tract is not developed by the same developer as the project to the north. In response to Council Member Adolph, Mr. Berg advised that no pools are planned at this time. There being no one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. RESOLUTION NO.99-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING 133 SINGLE-FAMILY LOTS, A FUTURE DEVELOPMENT LOT, AND OTHER COMMON LOTS SUBDIVISION ON 172.88 ACRES LOCATED AT THE NORTHEAST CORNER OF MADISON STREET AND AVENUE 58 TENTATIVE TRACT MAP 29147 KSL LAND CORPORATION). It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-79 as submitted. Motion carried with Mayor Pena ABSENT. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 18 June 15, 1999 3. DEVELOPMENT FEES ADOPTION OF RESOLUTION ESTABLISHING DEVELOPMENT FEES. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. Mr. Vogt, Public Works Director, advised that on March 1 9, 1 985, Resolution No.85-26, known as the Community Infrastructure Fee, was adopted, and on August 4, 1987, it was amended by Resolution No.87-39, and extended on August 5, 1 997, by Resolution No.97-70. The infrastructure fees established by Resolution No.87-39 were based on 1.5% of home valuation for residential development and $6,000 per acre for commercial/industrial development. In 1 989, the Mitigation Fee Act AB 1 600 Government Code Section 66000) was passed and later the U. S. Supreme Court found that an essential nexus was required for the exaction of development infrastructure fees. The exaction was required to be roughly proportional to the burden caused by the development. In addition, the agency intending to impose the fees was required to identify the purpose and use of the fees, as well as determine a reasonable relationship between the use of the fee and development type on which it's imposed. They also must identify the need for the facility and the type of development on which it's imposed, and the amount of fee and facility cost attributable to the development project. In December 1 994, the City contracted with DMG to develop the Operations Fee Analysis and Impact Fee Analysis. This Development Impact Fee Study, which was a collaborative effort by DMG and the City departments, brings the City into compliance with AB 1 600 and is legally defensible. He advised that the Development Impact Fee facilities include the following: transportation improvements; parks & recreation facilities; the Civic Center; library; community centers; and parks and streets maintenance facilities. He reviewed those facilities as follows: Transoortation Facilities: for major and primary arterials lanes, medians, and right-of-way); bridges; traffic signals; and sound walls. The project lanes identified are rep?nal lanes, such as the #2 lane in both directions of a six-lane facility. The nAus for these fees is based on peak hour" vehicle-trip miles, as taken from the sixth edition of the ITE manual supplemented by the fourth edition) and the SANDAG Report for trip miles by land use; Park and Recreation Facilities: for park improvements, based on the existing level of service of 1.11 acres per 1 000 population. The spread is applied to population and impacts residential development only; BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 19 June15, 1999 Civic Center Facilities: includes the existing 33,000 sq. ft. of current debt service, and future planned expansion of 15,000 sq. ft. The spread goes to all development except public facilities, schools, and parks; Library Facilities: the adopted standard for a library is 0.5 sq. ft. per capita, resulting in a 45,000 sq. ft. facility with 1 2 volumes per capita. Since a 20,000 sq. ft. facility would probably suffice for the City, a study standard of 0.22 sq. ft. per capita was used with the same 1.2 volumes per capita. The spread is to residential development only; Community Center Facilities: using a level of service standard based on existing use Senior Center multi-purpose room), which is 0.18 sq. ft. per capita, and the spread is to residential development only; and Maintenance Facilities: includes parks and streets and is based on current level of investment. The spread for street maintenance facilities is based on peak hour" trip miles, and the spread for park maintenance facilities is to residential development only by population. He advised that a section is also included on how the City would compare to other cities should the fire protection facilities and the TUMF program be included. Staff is not recommending that either be included at this time. The City is currently an indirect member of the TUMF program through the City's Measure A contributions of approximately $300,000 a year. When commercial development grows to where the 0.5% sales tax exceeds the current benefit, staff will present an analysis for entering the program, which will require a shortfall payment to CVAG of approximately $3.4 million. Fiscal implications total $47,641,562 and are broken down as follows: transportation funding, $1 8,802.498; park funding, $8,247,054; Civic Center funding, $12,797,375; library funding, $4,850,994; community center funding, $2,184,389; and maintenance facilities funding, $759,252. It's staff's recommendation that the Development Impact Fee be reviewed every two years for upgrading of the land use, units, nd projects. In response to Council Member Perkins, Mr. Vogt confirmed that direct participation in the TUMF program is not recommended at this time. He didn't feel that it makes financial sense given the amount of sales tax that the City would have to give up, and it also gives CVAG control of the City's regional facilities. Ed Kibbey, 77-564 Country Club Drive, Palm Desert, of Building Industry Association BIA) Desert Chapter, felt that staff has been very cooperative in BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 20 June 15, 1999 working with the BIA to make this a fair evaluation of the impact mitigation fee. They support the document, and agree that it should be reviewed every couple of years. Council Member Perkins expressed appreciation for Mr. Kibbey's input on this matter, as well as his comments. There being no one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. Council Member Sniff supported staff's recommendation, and agreed that the fire protection facilities should be dealt with separately, and that the City should stay out of the TUMF program. He also expressed appreciation for the BIA's input and for staff's work on this project. Council Member Adolph noted that the residential development fee will be substantially less, especially for high-end construction, and that the commercial development fee will be substantially higher. He was somewhat concerned about how the increase for commercial development might affect economic development, but felt the rate is appropriate when it's compared to what other cities are charging. He supported reviewing the fees in two years. Council Member Perkins felt it's an excellent report, and supported staff's recommendation. Mayor Pro Tern Henderson was pleased to see BIA's support of the document. RESOLUTION NO.99-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NUMBERS 85-26, 87-39, AND 97-70, AMENDING THE COMMUNITY INFRASTRUCTURE FEE POLICY TO A DEVELOPMENT IMPACT FEE POLICY. It was moved by Council Members Sniff/Adolph to adopt esolution No.99-80 as submitted. Motion carried with Mayor Pena ABSENT. 4. LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO.89-i ADOPTION OF RESOLUTION ESTABLISHING ASSESSMENTS FOR FISCAL YEAR 1999/2000. The Mayor Pro Tern declared the PUBLIC HEARING OPEN. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 21 June15, 1999 Mr. Vogt, Public Works Director, advised that on May 1 8, 1 999, Council adopted resolutions approving the Preliminary Engineer's Report and declaring the City's intent to levy annual assessments and to give notice thereof. The Engineer's Report contains a description and cost of services, diagram of district boundaries, and an assessment schedule. Due to provisions of Proposition 218 and a new parcel reconciliation, the estimated revenue decreased from $796,586 in FY 199811999 to $765,244 in FY 199912000. He advised that the proposed fee levels will not be approved until the conclusion of the public hearing, which is provided to give affected property owners an opportunity to ask questions and provide testimony. At the June 1 public meeting there were no members of the public that chose to speak. Council Member Sniff asked what the long-term plan is for dealing with the significant shortfall that's developing. Mr. Vogt advised that this has.been reviewed by the City Attorney, and it's been decided that the City can continue the assessments at the same level, and can add new projects as long as they're exempt from Proposition 21 8, which includes landscaping within the street right-of-way. The City has not done that previously so the prbjects have remained constant while the units increased with development, causing the assessment per unit to decrease. Based on a 4% development growth, the City should catch up with all the median landscaping in approximately 1 2 years, but parks and facilities are not exempt from Proposition 218 and will not be covered. Council Member Sniff hoped the gap would be incrementally reduced during that 1 2-year period. Mr. Vogt advised that it's based on a constant growth rate of 4%. Mayor Pro Tem Henderson noted that Council always has the option of taking an assessment increase to the public for a vote. In response to Council Member Adolph-, Mr. Vogt confirmed that the shortfall will come out of the General Fund. In response to Council Member Perkins, Mr. Genovese, City Manager, advised that the last increase in the assessment was approximately four to five years ago. Mayor Pro Tem Henderson pointed out that many of the new projects coming online are being done sooner than originally planned at the Council's request. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 22 June 15, 1999 There being no one else wishing to speak, the Mayor Pro Tern declared the PUBLIC HEARING CLOSED. RESOLUTION NO.99-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 1999/2000 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972. It was moved by Council Members Adolph/Sniff to adopt Resolution No.99-81 as submitted. Motion carried with Mayor Pena ABSENT. REPORTS AND INFORMATIONAL ITEMS League of California Cities Mayor Pro Tern Henderson reported that the Executive Board met, and that there's a lot of excitement about the $700 million package that Sacramento is looking at to aid local cities and counties. There's a consideration to return the booking fees to local jurisdictions, as well as other items, and a decision should be made within the next five to seven days. * * ** * * * * ** * All other reports were noted and filed. DEPARTMENT REPORTS C. LA QUINTA CHAMBER OF COMMERCE DINNER. Mrs. Juhola, City Clerk, advised that there are still three seats available at the Council's table for the La Quinta Chamber of Commerce Installation Dinner. Council concurred on inviting the Planning Commissioners. E-2. UPDATE ON CIVIC CENTER ART PIECE BY LOUIS DEMARTINO. Mayor Pro Tern Henderson suggested that a permanent location be selected and the art piece installed. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 23 June15, 1999 Mr. Herman, Community Development Director, advised that Council will be looking at the Civic Center Master Plan on June 29, and could select a location at that time. Council concurred on waiting until the master plan is reviewed. E-3. INFORMATION REGARDING DECISION ON SITE DEVELOPMENT PERMIT 99-651. In response to Council Member Sniff, Mr. Herman, Community Development Director, explained that the elimination of all existing portables within two years, as noted in SDP 99-651, will not apply if KSL decides to not relocate the new portables. F. COMMUNITY SERVICES GRANT RECONCILIATION REPORT. Mayor Pro Tem Henderson was somewhat concerned about La Quinta On Stage not submitting a reconciliation report nor returning unspent funds. Ms. Horvitz, Community Services Director, advised that La Quinta On Stage has requested to carry the funds over to the next fiscal year. A letter can be sent requesting to have the funds returned if Council wishes. Council Member Adolph noted that Council will be looking at the preliminary budget on June 22, and felt that perhaps one of their representatives could discuss it with Council at that time. Council concurred on dealing with it on June 22. G-1. REVENUE AND EXPENDITURES REPORT DATED APRIL 30, 1999, FOR THE lTY OF LA QU??,ITA AND THE LA QUINTA FINANCING AU?HORlTY. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report dated April 30, 1 999, for the City of La Quinta. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO. 99-78. MOTION It was moved by Council Members Sniff/Perkins to receive and file the Revenue & Expenditures Report dated April 30, 1 999, for the La Quinta Financing Authority. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.99-79. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 24 June 15, 1999 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING ANIMAL CONTROL. Council Member Sniff commented on the number of dogs roaming the streets, and advised that his cat was recently attacked and killed by such dogs. He suggested increasing animal control surveillance, as well as the fees. Mr. Hartung, Building & Safety Director, advised that City impound fees for first, second, third, and fourth offenses during any 1 2-month period are $1 0 $50, $100, and $150 respectively. In addition, a running dog at large is charged $30-$50 by the County, depending on the Judge, and if they're taken to the pound, the pound charges $5/day plus County impound fees of $15, $25, and $35 for first, second, and third offenses respectively. He advised that sometime in July when the forms are printed and the accounting is set up, an $83 deposit will be collected from owners of unaltered dogs that are picked up. They'll be issued a one-year dog license, and a certificate to have their dog spayed or neutered at participating veterinarians. The veterinarian will collect the certificate when the dog is altered, and send the bill to the City. Council Member Perkins noted that Los Angeles charges $1 00 for unaltered dogs, in addition to a penalty. He advised that in Laguna de Ia Paz, owners of unleashed dogs are issued a written violation for a first offense, and for second offenses they're charged $50, with the fine doubling for each subsequent violation. Council Member Sniff suggested a double approach by charging a penalty, as well as providing an incentive. He further suggested that this be agendized for future discussion to consider increasing the fees. Council Member Perkins suggested letting staff come up with some solutions for Council to consider. Mayor Pro Tem Henderson wished t? see contract staff used over a 30-day period to do a blitz on loose dogs. Council Member Perkins felt that the number of animal control responses within a 30-day period justifies manpower. Council Member Sniff expressed appreciation for Mr. Hartung and Animal Control Officer, Ron Vreeken, for their compassion and help during his recent tragedy. BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02 d_[City Council Minutes 25 June 1 5, 1 999 2. DISCUSSION REGARDING POSSIBLE SPONSORSHIP OF KOSOVO REFUGEES. Council Member Sniff suggested the possibility of the City sponsoring one or more Kosovo families trying to return home, and distributed some information for Council to review. 3. DISCUSSION REGARDING GRAFFITI REMOVAL FROM THE ART PIECE AT HIGHWAY 111 AND WASHINGTON STREET. Council Member Adolph asked what the status is of removing the graffiti from the art piece at Highway 111 and Washington Street. Council Member Sniff advised that the artist has indicated to him that he plans to apply a graffiti-resistant paint. He also plans to replace some of the lights underneath the art piece, and to reposition the gem, with perhaps alternating colors to make it more attractive at night. Ms. Horvitz, Community Services Director, advised that the artist is working on removing the graffiti. Council Member Adolph noted that the art piece looks better since the wall has been removed and grass has been planted, but wished to see if CVWD could use something on the ground to mark their utilities rather than the existing white post. Mr. Hartung, Building & Safety Director, advised that staff will look into it. There being no further business, it was moved by Council Members Adolph/Sniff to adjourn. Motion carried with Mayor Pena ABSENT. Res?ectfully submitted, UNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 07-20-1999-U01 09:23:23AM-U01 ADMIN-U01 CCMIN-U02 06-U02 15-U02 1999-U02