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1995 05 16 CC Minutesn * LA QUINTA CITY COUNCIL MINUTES May 16,1995 Regular meeting of the La Quinta City Council on May 16, 1995 was called to order at the hour of 3:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pefia ABSENT: None CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUThS MOTION It was moved by Council Members Sniff/Cathcart to approve the City Council Minutes of May 2, 1995 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pefia presented Myra Bohnenberger a plaque expressing the City's appreciation for her service on the Riverside County Free Library Advisory Board. PUBLIC COMMENTS Mr. Jeff Laddusaw, 79-210 Camino Del Oro, spoke regarding a fatal, auto accident that happened recently at the intersection of Fred Waring Drive and Adams Street and suggested that the speed limit on Fred Waring Drive be reduced or a traffic signal installed. Re was concerned about the safety of children who live in nearby residential neighborhoods. Re pointed out that the speed limit on Fred Waring Drive is not posted between Washington Street and Adams Street and asked the Council to explore ways in which to slow traffic on Fred Waring Drive. Mr. Joe Irwin, 44-065 Camino La Cresta, was also concerned about safety at that intersection and felt that installation of traffic controls would help reduce the high speed of traffic. Mr. Robert Tyler, 44-215 Villeta Drive, commented that the Adams Street crossing would be completed soon and will help relieve traffic on Washington Street, providing it is completely paved from Highway 111 to Fred Waring Drive. Re pointed Out that a small section of that street is not scheduled for completion until the Inco Homes development expands. He suggested BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes May 16, 1995 that the City utilize available funds to complete that section and prepare a traffic study to ensure the safety of each intersection along that street, including Fred Waring Drive and Adams Street. Ms. Diane McMabon, 44-245 Camino Azul, pointed out that high-school students use the intersection at Fred Waring Drive and Adams Street as a crosswalk and was concerned for their safety. She understood that the developer was required to pay for installation of a traffic signal at that intersection and asked that it be done to slow down the traffic. Ms. Joyce SivIey, 79-775 Westward Ho Drive, understood that traffic-signal funds were approved for the intersection at Dune Palms Road and Miles Avenue and asked that it be installed because of the high speeds on those streets. Mr. Genovese, City Manager, advised that staff would prepare a full, comprehensive report for the next meeting regarding the concerns related to needed traffic signals. Captain Dye, of Riverside County Sheriff's Office, advised that they have attempted to slow down the traffic along Fred Waring Drive through the use of radar. He advised that no engineering problems have been identified at the Adams Street/Fred Waring Drive intersection, noting that adequate sight exists in all directions. He wasn't sure that the intersection qualifies for installation of a traffic signal and advised that the preliminary investigation of the recent accident appears to be attributed to a right-of-way violation, not speed. Council Member Perkins suggested that the Sheriff's Office and City Engineering staff examine the site for interim modifications to make the intersection safer, as traffic-signal installations are a lengthy process. Ms. McMahon requested that previous accidents at that intersection be included in any study for needed improvements to which Mr. Genovese responded that the accident history of that intersection will be included in his report. WRITThN CORRESPONDENCE None BUSINESS SESSION 1. REPORT OF PLANN]?G COMMISSION AC?ON ON CONDITIONAL USE PERMIT 954)19 TO ALLOW INSTALLATION OF A 100-FOOT MONOPOLE WITH ANThNNAS AND SPORTS LIGHTING AND AN EQUIPMENT BUILDING AT TIlE SPORTS COMPLEX. APPLICANT AIRTOUCH CELLULAR. Mr. Herman, Community Development Director, advised that on May 9, 1995, the Planning Commission denied Conditional Use Permit 95-019. He advised that the BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 n City Council Minutes 3 May 16, 1995 applicant has filed an appeal of that decision and the matter will be scheduled for a public hearing. Mr. Wayne Gurainick, 74-399 Highway 111 Palm Desert, legal counsel for Bajada, Painted Cove, and Desert Fairways Homeowner Associations, felt that a study of alternative sites should be included in the applicant's proposal. Mr. Don Adolph, 55-105 Riviera, Planning Commissioner, advised that he was present to address any questions the Council might have regarding the Commission's denial of the applicant's request. No action was taken. 2. CONSIDERATION OF RECO?IMEND?ON OF THE ART IN PUBLIC PLACES COMMITTEE TO SPEND $20,000 FOR ARTWORK AT THE LA QUNTA VILLAGE SHOPPING CENTER DRAINAGE RETENTION BASIN. Mr. Herman, Community Development Director, advised that the Arts in Public Places Committee APP) is requesting the City Council to approve the appropriation of $20,000 from the APP Fund for artwork to be located near the retention basin at the northwest corner of Calle Tampico and Washington Street. He advised that the APP met with Mr. Koenig, the shopping center developer, and Mr. Horton, the ILandscape Architect, in an attempt to redesign a proposed water fountain for the Sesame's Restaurant in such a manner that it could be used as an art piece at the location of the retention basin. However, Mr. Koenig informed the APP that he is under a time constraint and unable to wait for the water fountain to be redesigned. Mr. Herman advised that $13,000 is expected to be collected from the shopping center for the artwork at the retention basin, but the APP feels that the location warrants a more appropriate piece of artwork than that amount will allow and requested than an additional $7,000 be appropriated. He advised that the APP also wishes to distribute an RFP to potential artists and have two Council Members serve on the Selection Committee. In response to Mayor Pena, Mr. Herman advised that the build-to-suit" agreement between the developer and the restaurant owner includes construction of a water fountain that would be inadequate for artwork at the corner as currently designed. In response to Council Member Sniff, Mr. Herman advised that the $20,000 will pay for the design, construction and installation of the artwork. In response to Council Member Cathcart, Mr. Herman adyised that the APP Fund increases as building permits are issued, but must be expended within two years from the time it's collected, keeping the balance on hand relatively small. He advised that the APP has an unprioritized, preferred list of artwork locations throughout the City that are BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 4 May 16, 1995 funded from the uncommitted reserve in the APP Fund. He advised that the APP currently considers the art site at the retention basin as higher in priority than other sites on the list. Mayor Pena asked that the project's dollar limit be included in the RFP. Council Member Sniff asked what criteria was used by the APP to arrive at $20,000 for this project in comparison to the very significant, $80,000 art project by Louis De Martino, yet to be installed at the Civic Center. Ms. Carolyn Lair, 53-585 Avenida Ramirez, Art In Public Places Committee member, advised that design and placement of artwork at the retention basin was behind schedule and felt that $20,000 was an appropriate amount to spend on art at that location. She advised that the APP hope to use the retention basin in some aspect of the art design. She stated that the De Martino art piece is done and has been placed in storage until the Civic Center Campus is ready to receive it. Councif Member Sniff was concerned about spending money on art pieces that aren't materializing such as the art pieces at Highway 111 and Washington Street and the Civic Center. He was concerned about the type of art the City would receive for $20,000. Ms. Lair advised that the delays have been due to guidelines established between the developers and the City, noting that installation of approved art pieces can't take place until the locations are ready to receive them. She added that developers should contact the APP so that the artwork design and installation is not delayed. In response to Council Member Cathcart, Ms. Lair said that she didn't have a copy of the preferred sites list for public artwork, but advised that it expands as the City grows. She said that the APP felt that the subject site is important. She felt that the percentage contributed by developers for public artwork is inadequate if used at their specific sites and suggested that funds be held until an adequate amount is available to produce significant pieces of art for strategic locations. Council Member Cathcart was concerned about designated artwork sites that never materialize. He was opposed to committing funds to this project until he was sure that projects in other locations aren't being overlooked because of this one. In response to Mayor Pena, Mr. Herman advised that the water fountain project at the restaurant was separated from the APP project. Mr. Herman advised that sites identified on the preferred list are sites where artwork is appropriate and desirable, and artwork will be integrated into those sites as projects develop. He advised that the APP went beyond the City's image plan for corridors in the General Plan and identified general locations where art is desirable. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 5 May 16, 1995 MOTION It was moved by Council Members Sniff/Bangerter to approve the appropriation of $20,000 from the Art in Public Places Fund for artwork to be located at the northwest corner of Calle Tampico and Washington Street within the La Quinta Village Shopping Center Retention Basin and permit the APP to prepare and distribute a Request for Proposals. Motion carried with Council Member Cathcart voting NO. MINUTE ORDER NO.95-99. Mayor Pefia advised that two Council Members will be appointed to the Selection Committee after the RFP is complete. 3. CONSIDERATION OF RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMITTEE APP) TO ENHANCE THE PREVIOUSLY-APPROVED ARTWORK AT THE FRITZ BURNS PARK. Mayor Pen a abstained due to a conflict of interest and left the dais. Mr. Herman, Community Development Director, advised that on June21, 1994, Council approved a contract in an amount not to exceed $30,000 for artwork to be located at the Fritz Burns Park. Re said that the request before the Council was to add another $21,000, for a total of $51,000, for artwork at the park. The artwork that was previously approved consisted of three mosaic spray towers installed in the children's pool area, a mosaic sidewalk consisting of desert wildlife and landscaping in front of the entrance to the aquatics building, and an entrance gate of forged steel of a desert flora and fauna design. In the original contract, the building contractor was to construct the towers and the artist would apply the artwork. The amendment requires the artist to construct the towers and apply the artwork. While the pool project has stalled, the contract with the artist is progressing and he needs to finish his contract. In response to a request by the APP, the artist has submitted a proposal to do the towers including some spray features at locations to be determined in the future. The sidewalk will be installed where originally intended, but the gate will be stored until a location has been designated for it. Council Member Sniff questioned the logic in proceeding with additional designs for a project that hasn't been finalized. Council Member Cathcart asked if the artwork could be completed and placed in storage until the park is done. Mr. Herman advised that in the original contract, the artist was to apply mosaic artwork and a water spray feature to towers constructed by the building contractor as a part of the pool. The proposed amendment to the contract calls for the artist to construct the towers as well. Because of the uncertainty of the pool, the towers are now designed to include a shade structure with a water spray feature for children to play in. The towers BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 6 May 16, 1995 and sidewalk mosaic artwork will be installed in conjunction with the park construction. He advised that the entry gate was designed specifically for the entrance to the aquatics center and will be placed in storage until a location is ready for it. He said that the purpose of the proposed amendment is to resolve the contract with the artist and get the artwork installed. In response to Council Member Cathcart, Mr. Herman advised that staff could ask the artist if he is willing to extend the contract. Council Member Cathcart advised that he would like to see the contract extended before spending additional money for artwotk that would require that the park be designed around them. Mayor Pro Tern Bangerter asked when the contract expires. Ms. Carolyn Lair, 53-585 Avenida Ramirez, Art In Public Places Committee memb?, advised that the purpose of the amended design is so that the artist is in compliance with the contract. She said that the park and pool seemed certain at the time the original contract was signed and the artist purchased the materials he needed to complete the design. Completion was anticipated in the fall, but was held up due to the delay of the park and pool construction. Since the delay is not the fault of the artist, she didn't feel that it would be fair to ask him to extend the contract. She said that the APP felt that the amended design would serve to complete the contract with the artist as well as contribute artwork to the park in a significant manner. Council Member Sniff advised that design of the park is still to be determined. Council Member Perkins didn't see the point in committing additional funds for artwork when the park design and aquatics facilities remain undetermined. He felt that the artwork should be completed and placed in storage until decisions are made on the park and aquatics facilities. Mayor Pro Tern Bangerter felt that it would be extremely unfair to delay the artist any longer and asked how much time was left on the contract. Mr. Herman advised that the contract expired in March, 1995. Council Member Cathcart suggested that the matter be continued to allow staff to contact the artist and receive a legal opinion from the City Attorney. Council concurred. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 7 May 16, 1995 Council Member Sniff pointed Out that the decision to accept bids on the Fritz Burns Park will be made at the June 20th Council meeting which will provide additional information and suggested that this matter be continued to that date. Mr. Herman felt that the artist would be willing to wait until June 20th for a decision. Council Member Sniff felt that the contract with the artist should be fulfilled and the artwork stored if necessary. MOTION It was moved by Council Members Sniff/Cathcart to continue consideration of the APP recommendation regarding artwork at the Fritz Burns Park until June 20, 1995. Motion carried with Mayor Pefia ABSENT. MINUTE ORDER NO.95-100. 4. CONSIDERATION OF THE CERTIFICATION AGREEMENT FOR THE CERTIFIED LOCAL GOVERNMENT PROGRAM CERTIFICATION FOR THE CITY OF LA QUINTA ifiSTORICAL COMMISSION. Mr. Herman, Community Development Director, advised that the City's application for certification in the Certified Local Government Program was accepted by the Office of Historic Preservation. The City of La Quinta is the only city in the valley with that certification and is now eligible for grants, histotic preservation-related projects, access to technical advice, training and educational assistance? and participation in local, State, and national decision-making on historicalLpreservation issues. He requested that he be authorized to sign the Certification Agreement to complete the City's certification. Mayor Pena expressed appreciation to Ms. Leslie Mouriquand, Associate Planner for her diligent work on the project. MOTION It was moved by Council Members Sniff/Bangerter to authorize the Community Development Director to sign the Certification Agreement as requested by the State Historic Preservation Office. Motion carried unanimously. MINUTE ORDER NO.95-101. 5. CONSIDERATION OF TRAFFIC SIGNAL IMPROVEMENTS AT THE WASHINGTON STREETIHIGHWAY 111 INTERSECTION. Mr. Cosper, Public Works Director, advised that the Highway 111 and Washington Street is the busiest intersection in the City with past improvements being tied to proposed developments. The intersection is scheduled for widening during 1996 but will take approximately 18 months to complete. Staff contacted Korve Engineering, a sub- consultant of Hall & Foreman, who is preparing the design work for the widening project, and asked them to provide a proposal for interim, signal improvements. Korve BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minute? 8 May 16, 1995 Engineering suggested the following interim improvements: removal of two traffic islands on the east side of the intersection: installation of new traffic signal poles: removal of barricade in northbound lanes and addition of pavement to allow two northbound lanes: installation of new conduit: restriping of Washington Street to accommodate five lanes of traffic, and: shifting of eastbound lanes. CalTrans is expected to complete their project review by July 18th and then Council may authorize staff to receive bids for the project. The interim improvements should be completed by January 5, 1996 if Council awards a contract at their September 19th meeting. He advised that it will be necessary order the traffic signal poles prior to the awarding of a bid contract to avoid delaying the project. The estimated cost of the interim signal project is $220,000 and will result in a loss of $70,000 to $85,000 through the course of the two-phase approach. The costs of the contract are: 1) $5,900 to Hall & Foreman, Inc. for the revision of the highway plans, and: 2) $9,950 to Korve Engineering to prepare the signal plans for the interim project. He advised that these improvements will be funded through the Washington Street Widening Project Fund and recommended that Council approve an amendment to the existing Hall & Foreman, Inc. contract to revise the plans currently being prepared for the Washington Street/Highway 111 project and award a design contract to Korve Engineering to prepare plans for an interim signal project. In response to Council Member Bangerter, Mr. Cosper advised that two northbound left- turn lanes will be provided with one of those being a left-turn/through lane. Council Member Bangerter expressed appreciation to Council Member Perkins for his stewardship approach regarding the City's traffic and streets. In response to Mayor Pena, Mr. Cosper advised that the project will not address the southwest corner at the Beer Hunter), but staff will contact CalTrans about possibly shaving that corner. Mayor Pena commented that many people going north use the southbound left-turn lane at Simon Drive as a northbound left-turn lane and asked staff if that could be addressed during this project. Mr. Cosper advised that the purpose of the current project is to establish a more free- flowing traffic stream. Council Member Perkins was pleased with the proposed fast-track review by CalTrans and said that it's a good example of the cooperative work between the two agencies. He felt that a majority of the improvements during the interim phase will carry-over into the permanent improvements. In reference to a southbound, right-turn lane from Highway 111, he advised that it's too narrow to be considered a lane by CalTrans. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 n City Council Minute? 9 May 16, 1995 MOTION It was moved by Council Members Sniff/Bangerter to approve an amendment to the existing Hall & Foreman, Inc. contract to revise plans currently being prepared for the Washington Street/Highway 111 project in the amount of $5,900 and to award a design contract to Korve Engineering of San Bernardino to prepare plans for an interim signal project in the amount of $9,950. Motion carried unanimously. MINUTE ORDER NO.95-102. 6. CONSIDERATION OF APPROVAL OF PROPOSAL FROM THE YMCA FOR A SUMMER AQUATICS PROGRAM AT THE LA QUINTA HIGH SCHOOL POOL. Council Member Bangerter abstained due to a conffict of interest and left the dais. Mr. Rartung, Building & Safety Director, advised that the YMCA has agreed to run a full aquatics program at the La Quinta High School during the summer. They are asking the City to subsidize the open-swim program at a maximum cost of $5,300 and fund the Facility-Use Fee charged by the school district of $1,200. These costs will be funded from the savings in the Parks & Recreation Director's salary. Mr. Robert Tyler, 44-215 Villeta Drive, wished the City well with the program and felt that it was money well-spent. MOTION It was moved by Council Members Sniff/Cathcart to approve the financial support for the YMCA to operate a summer aquatics program at the La Quinta High School pool. Motion carried with Council Member Bangerter ABSENT. MINUTE ORDER NO.95-103. 7. CONSIDERATION OF AMENDMENT TO SECTION 11.72.030(0) OF THE N!UNICIPAL CODE REGARDING OUTDOOR BURNING. Mr. Hartung, Building & Safety Director, advised that the City's Municipal Code currently allows open burning with a permit from the Fire Department, but no permits have been issued for a long period of time. The amended ordinance would only allow burning in conjunction with a Fire Department controlled-burn training or cooking in containers four feet in diameter or less. In response to Council Member Cathcart, Mr. Rartung advised that agricultural burning won't be allowed under this ordinance. The first burn permit application in the past eight years was just recently submitted. It will be grandfathered-in and allowed in June, but they will be precluded from future burn permits. Re advised that the amended ordinance could become burdensome to agriculture if fields requiring periodic burning existed in the City, but to his knowledge no such fields exist. He advised that the one burn permit requested was for the purpose of burning citrus. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 0 May 16, 1995 Council Member Cathcart felt that the ordinance should allow certain types of agricultural burning such as asparagus. Mayor Pena concurred and stated that the City wouldn't want to place growers at an economic disadvantage. Council Member Sniff didn't have a problem with the ordinance because he felt that it's unrealistic to expect anyone to grow crops such as asparagus within the City limits. Council Member Cathcart was concerned about agricultural properties that might be annexed in the future. Ms. Honeywell, City Attorney, advised that restrictions related to agricultural burning would need to be defined if allowed in the ordinance. She advised that the City has been uncomfortable in issuing burn permits in the past because of the current unrestrictive ordinance. In response to Mayor Peha, Chief Brown, Riverside County Battalion Chief, advised that they haven't issued an agricultural burn permit in the City for approximately ten years. The only burn requests they've received were for citrus-waste burning. He advised that Air Quality Management District AQMD) only allows agricultural burning for the purpose of replanting or disposing of agricultural-waste by-products. Council Member Perkins didn't have a problem with the proposed ordinance and suggested that agricultural burning be dealt with in the future if it becomes a problem. MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No.265 by title and number only and waive further reading. Motion carried with Council Member Cathcart voting NO. ORDINANCE NO.265 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 11.72.030(0) RELATING TO OUThOOR BURNING. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.265 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Perkins, Sniff, Mayor Peha NOES: Council Member Cathcart ABSTAIN: None ABSENT: None BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 n City Council Minutes I May 16, 1995 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER, DATED MAY 16, 1995. 2. REJECTION OF CLAIM FOR DAMAGES FILED BY VIRGINIA FLAVIN, DATE OF LOSS, JULY 2, 1994. 3. REJECTION OF CLAIM FOR DAMAGES FILED BY LELAND BERLINER, DATE OF LOSS, JANUARY 16, 1995. 4. APPROVAL OF OVERNIGHT TRAVEL FOR ASSISTANT TO THE CITY MANAGER TO ATTEND THE 1995 FEDERAL COBRA TRAINING CONFERENCE IN ANAHEIM, CALIFORNIA, MAY 22-23, 1995. 5. APPROVAL OF FINAL ACCEPTANCE AND RELEASE OF IMPROVEMENT SECURITY FOR PGA WEST TRACTS 21S46-3, 224324, 24317-2, 254994, AND 25500-1. 6. APPROVAL RELEASE OF TRAF'FIC SIGNAL SECURITY FOR TRACT 23971-1, LA QUINTA DEL ORO. 7. APPROVAL OF REDUCTION IN SECURITY FOR TRACT 23995-1, REUNION INCO HOMES. 8. ADOPTION OF RESOLUTION APPROVING SUNLINE SERVICES GROUP JOINT POWERS AGREEMENT. 9. ADOPTION OF RESOLUTION APPROVING THE FISCAL YEAR 1995/96 CAPITAL IV?ROVEMENT PROGRAM. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended with Item Nos. 8 and 9 being approved by RESOLUTION NOS. 95-31 and 95-32 respectively. Motion carried unanimously. MINUTE ORDER NO.95-104. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS Mayor Pena advised that the City of Desert Rot Springs expressed a wish to rejoin the CVB at its last meeting. The required amendment to the by-laws will come before the Council at a meeting date in the future. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 12 May 16, 995 All other reports were noted and filed. DEPARTMENT REPORTS None MAYOR AND COUNCIL MEMBERS' ITEMS DISCUSSION REGARDING PARKING IN THE VONS SHOPPING CENTER. Council Member Perkins advised that customers of the Beachside Cafe in the Vons Shopping Center are having a hard time finding parking spaces since the opening of The Beer Hunter Restaurant and it's affecting the restaurant's business. He requested the City Manager to arrange a meeting between the property owners and restaurant owners in an effort to find a solution to the problem. Re felt that the City should be aware when its businesses are suffering and help them whenever possible. REPORTS AND INFORMATIONAL ITEMS.........................continued REPORT OF LA QUINTA ARTS FOUND?ON. Ms. Joan Foster, 78-234 Hacienda, President of Ia Quinta Arts Foundation, gave a brief introduction to the Foundation's visual report to the Council, stating that the written report would follow in June. She advised that their mission is to cultivate and promote the arts in the Coachella Valley and are well known for their annual Arts Festival. Ms. Carolyn Lair, 53-585 Avenida Ramirez, Executive Director of the La Quinta Arts Foundation, presented an outline of the Foundation's current activities including their annual Arts Festival which has generated over $900,000 in sales. She advised that Merv Griffin has served as Honorary Chairman for the Festival during the last four years and has contributed much to its success. This year's Festival included African dancers, Native Indian storytellers, Keltic musicians, and programming for children. Revenue from the Festival helps to support the Foundation's Scholarship Program which has awarded over $140,000 to local, college-bound students. Some of the Foundation's programs include its Docent Program, Young in Arts Program, Art-Beat Program, and Youth ArtWorks Program. She referred to projects that could be made possible in the future at a new, proposed Cultural Center on Montezuma which would include an outdoor performance area, classrooms, restaurants, theater and retail shops. Mr. Jim Campbell presented a schematic of the proposed Cultural Center. Mayor Pena expressed appreciation to the Foundation for their excellent report. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 n City Council Miputes 13 May 16, 1995 MAYOR AND COUNCIL MEMBERS' ITEMS............................continued 2. DISCUSSION OF FRITZ BURNS PARK & FEASIBILITY REPORT. 3. DISCUSSION REGARDING SCHEDULING A STUDY SESSION CONCE?IING POSSIBLE BALLOT MEASURE REGARDING THE FRITZ BURNS PARK POOL. Mayor Pen a abstained due to a conflict of interest and left the dais. Council Members Cathcart advised that, although he originally expressed opposition to the Feasibility Study, he might be willing to compromise on the construction of a pool at the Fritz Burns Park. Re felt that it would be necessary to have an outside operator such as the YMCA or Coachella Valley Recreation & Parks District CVRPD) and advised that both entities have expressed a wish to be involved with the design of the pool should they be selected to operate it. He understood that contact with these organizations was not a part of the Feasibility Study and suggested that they be contacted to receive their input on the design. Mr. Cosper, Public Works Department, advised that the intent of the Feasibility Report was to collect a database of information on pool operations, sizes, etc., match it to demographics of La Quinta, and submit up to five pool-design variations for Council's consideration. An indepth, economic analysis would be done on the designs selected by Council for consideration which would include construction, operations including contact with outside operators if applicable). and long-term maintenance aspects. Council Member Cathcart was still uncomfortable with the planned study, although he was interested in finding out operational costs of other pools. He advised that he's not as opposed to the pool as some might have believed and would be willing to take another look at it if construction and maintenance costs, and the burden on the Landscape & Lighting District can be reduced. Re was concerned about having to wait another 12 weeks for the completion of the Feasibility Study. Council Member Sniff felt that the Council made a good decision in moving forward with the Feasibility Study which he felt was broad-based and comprehensive. Re advised that nearly $400,000 has been invested in the design of the pool and he felt that it's imperative to proceed with the study as planned because tinkering with it further could cause additional costs and delays. Re wished to see the study move forward as planned. Council Member Perkins advised that he, too, would like to see the issue resolved earlier, but would have to vote no unless he receives further information that assures him that the City can afford the maintenance of a pool. He felt that the study may be BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Mtnutes 14 May 16, 1995 beneficial for that reason. He was willing to look at alternatives and would possibly modify his position on the issue if new facts and figures are provided. He felt that the City could afford to build a modified-design pool, but was still concerned about the cost of maintenance. Council Member Cathcart agreed to a certain extent, but felt that local outside operators should be contacted because they already have information that is applicable to this area. He felt that if a pool could be built for $1.4 million, the balance of the savings could be used for other purposes. He felt that it made more sense to obtain more accurate figures on maintenance costs from the two local organizations that are willing to supply that information in a quicker manner. Mayor Pro Tem Bangerter was in favor of expediting the issue. In speaking with other agencies, she's found that the aquatics building could be modified and possibly save several hundreds of thousand dollars in construction costs. She was concerned with operation costs, but felt that they could be reduced considerably by utilizing the services of an outside operator such as the YMCA or CVRPD. She was in favor of resolving the issue sooner if a sensible compromise can be reached. Council Member Sniff advised that the Feasibility Study will supply important information and suggested that the consultant be contacted to find out if the report could be accelerated. In response to Council Member Catheart, Mr. Cosper advised that the report will supply numbers regarding users, fees, operational costs, maintenance costs, and programming; and that information will be matched with the demographics of La Quinta. Council Member Cathcart asked staff to confirm that with the consultant as he didn't recall it that way. Mr. Cosper advised that the consultant was selected for this study because they had recently completed a similar study for another City and had a great deal of information already available which allowed the study to be done on a fast-track. He advised that he would contact the consultant to find Out if the study could be accelerated. Council Member Sniff understood that the study would be broad-based and include contact with organizations such as the YMCA and CVRPD. Re didn't have a problem with expediting the study as long as it remains comprehensive. Mayor Pro Tem Bangerter felt that any time there is a willingness to effect a compromise for the benefit of all, the Council should try to accomplish that. She advised that it wouldn't stop the study from moving forward. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 15 May 16, 1995 Council Member Sniff didn't see any problem with the Council having ongoing compromise discussions while the consultant prepares the Feasibility Report. Council Member Cathcart wished to have a more-specific idea of operational costs and suggested that staff contact the YMCA and CVRPD to find Out if they can supply that information. He felt that it might be possible to construct and maintain the pool less expensively than previously believed and was concerned about waiting 12 weeks to find that out when the information might be readily available. He would be willing to discuss the pool issue at a study session if information is received that supports the affordability of the pool. In response to Council Member Sniff, Mr. Cosper advised that the cost estimates previously submitted were prepared by the consultant who designed the pool and was based on pools operated in southern California. Staff checked those numbers recently against preliminary numbers from the database and found that the estimates are 10% to 15% low compared to the average across the board. Mr. Genovese advised that maintenance costs will vary depending on what portion of the maintenance is handled by City staff and what portion by an outside operator. Council Member Cathcart asked how difficult it would be to have the YMCA or CVRPD submit their maintenance cost estimates as outside operators of the pool. Mr. Genovese advised that maintenance costs without programming and lifeguards were broken down in the original estimates. Those estimates were for a year-round cycle with some non-operational periods. He preferred to look at the original estimates, obtain any available feedback from the consultant working on the Feasibility Study, recetve estimates from local outside operators, and then compare the figures for any discrepancies to make a best-guess analysis of maintenance costs. In response to Council Member Cathcart, Mr. Genovese advised that to obtain the requested information it would require staff to contact the YMCA and CVRPD as well as any other local public-pool providers. Mayor Pro Tem Bangerter asked if construction and maintenance costs would be affected If the pool design was changed from competition to family recreational. Mr. Genovese advised that amenities were included in the competition pool design that complimented that particular design, but amenities are not necessarily required. He advised that it's preferable for amenities to compument a pool design. Ms. Joyce Sivley, 79-775 Westward Ho Drive, still felt that the City can't afford the pool, especially the maintenance costs. She referred to the amount already spent on pool design, the future costs of pool and park maintenance, and the present-day economic BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Mjnut? 16 May 16, 1995 problems of other valley agencies. She urged the Council to keep the City's best interest in mind when they decide the pool issue. Mr. Robert Metkjis felt that the Council has waffled" the pool issue long enough and questioned where the funds will come from to pay for it, urging the Council to take a close look at the present economy. Mr. Pete Platamone, 79-575 Marigold Lane, said that he still opposes the pool. If a compromise can't be reached, he felt that the City might be looking at a referendum vote. He felt that the Council should be cognizant of the fact that the economy is bad and neighboring cities are having a hard time. He suggested that if they can't make a decision, perhaps they should consider placing the issue on the ballot for a vote by the people. Mr. Fred Wolff, 77-227 Calle Ensenada, was pleased with Council's proposal to bring the pool issue to an earlier end. He felt that the Feasibility Study is not necessary, as the information is at hand if the City goes to the right sources. He believed that it's unlikely that the pool will be completed by the summer of 1996 if the City proceeds with its study as planned. He felt that a compromise on the pool design would reduce costs substantially and still provide a magnificent facility. He urged the Council to make a decision in the near future and not stall any longer. Mr. Jeff Smith, 54-631 Avenida Alvarado, was encouraged that the Council is seeking a compromise that will allow a pool and yet accommodate those who have concerns regarding construction and operational costs. He felt that the YMCA or CVRPD could supply the figures that are needed for making a faster decision, but was in favor of the Feasibility Study moving forward at the same time. Mr. Steve Shnonsen, 54-665 Avenida Ramirez, expressed appreciation to Council Members Cathcart and Perkins for their willingness to reach a compromise and didn't believe that they were waffling." Mr. Enrique Gutierrez, 52-287 Avenida Ramirez, appreciated the Council's willingness to expedite the decision on this issue. As a taxpayer, he was concerned about pool costs as much as anyone else, but was against using poor economy" scare tactics because he felt that it's important for the City to focus on its priorities as the community grows. Ms. Trice Healy, 54-455 Eisenhower Drive, thanked the Council for keeping an dpen mind on this issue. She understood the City's need to be conservative with its expenditures, but felt that a compromise could be reached through creative means. Council Member Perkins wasn't sure that Council should change its current direction on this issue since the Feasibility Study is underway. He didn't feel that the Council was stalling, but rather wish to have all the information they need before making their BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 n City Council Minutes 17 May 16, 1995 decision on such a big project. He didn't like the term scare tactics" because he believed citizens have clearly stated that they want their elected officia]s to cut-back on their taxes. Re was in favor of accelerating the Feasibility Study and contacting outside operators to obtain additional information that will help the Council make their decision, as long as it's not duplicated work. Re advised that he conducted his own study last faJI and determined that the City can't afford a pool. However, he didn't contact the YMCA and said that if they have more encouraging information than he previously found, he was willing to examine it. He will support construction of a pool if the construction and maintenance costs are reduced and it doesn't jeopardize other City projects. Council Member Cathcart felt that he currently had insufficient information to be able to support the pool issue and was frustrated with the amount of time that it's taking to get that information. He preferred spending the remaining $1.1 million in the fund on a recreational facility that would provide a wider range of activities for more people. but the decision to use it for an aquatics facility was made a few years ago. He felt that the cost of the originally-designed pool was too exorbitant, but wasn't opposed to lookin?g at a pool that's less expensive to construct and far less expensive to maintain. Re hoped that the Council could reach a compromise on the issue without placing it on the ballot for a vote. Council Member Perkins didn't have a problem with expediting the study as long as it's complete. Council Member Sniff wasn't opposed to compromise, but was unsure that a compromise had been defined. Re was in favor of asking the consultant to expedite the study and directing staff to contact the YMCA or CVRPD for additional information. He wished to bring the issue to some type of reasonable solution and was willing to formally discuss a compromise. He questioned whether a moderate downsizing of the pool would significantly reduce the maintenance costs and felt that it's important to have a pool that will produce a maximum amount of revenue. Re still felt that the Council should consider placing the issue on the ballot for an advisory vote in the event a compromise is not reached. He suggested that Council discuss that possibility on June 6th as a Study Session item. Re felt that it's difficult to see a clear sense of direction from the public because there are many people on both sides of the issue. In response to CounciL Member Perkins, Mrs. Juhola, City Clerk, advised that August 11th is the deadline for submitting ballot requests to the County, but added that the County prefers submittals during the month of July. Council Member Cathcart felt that Council should attempt a compromise and be prepared to adopt a ballot measure on July 18th if a compromise isn't reached with discussion on the issue at the July 5th meeting. In the interim, he wished for staff to contact the YMCA and CVRPD to gain their input on the type of pool the City needs, as well as their projected operational and maintenance costs for such a facility. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Mijiutes 18 May 16,1995 In response to Mayor Pro Tern Bangerter, Mr. Genovese advised that staff should be able to obtain the information from outside operators by the June 20th Council meeting. Mayor Pro Tern Bangerter advised that additional public comments would be received since Item Nos. 2 and 3 were being discussed consecutively. Mr. Robert Metkus felt that a ballot measure would be unfair since a third of the registered voters are only tenants and noted that property owners are those who will have to pay for pool maintenance costs through an assessment. He added that some property owners may not be present to vote in November. Council Member Cathcart advised that the vote would be advisory only and not binding on the Council. Mr. Fred Wolff, 77-227 Calle Ensenada, felt that an advisory vote wouldn't settle the cost concerns, would probably be set aside by the Council, and would serve no purpose. He didn't feel that the Council should use it as way to avoid making a decision themselves. Council Member Perkins felt that Council had given staff direction and should move forward. Ms. Valene Sinith, 54-631 Avenida Alvarado, was concerned that the pool will become a political issue during upcoming campaigns if placed on the ballot in November. Council Member Sniff felt that Council should be positioned to have an advisory vote should a compromise not be reached. Mr. Robert Tyler, 44-215 Villeta Drive, commented that the results of an advisory vote will be dependent on the ballot language. He also urged the Council to make it a mandatory vote and not an advisory vote. Ms. Honeywell, City Attorney, advised that an initiative referendum relates to legislative action. She advised that the park already exists and is zoned as a park. The decision that remains is whether or not to expend funds for the pool, which is an administrative decision as opposed to legislative action. Therefore, the most likely action would be an advisory vote. Council recessed to Closed Session to and until the hour of 7:00 p.m. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 19 May 16, 1995 CLOSED SESSION 1. Conference with legal counsel regarding anticipated litigation pursuant to Government Code Section 54956.9(B) two cases). 7:00 P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. PLOT PLAN 93A95 REVISED), APPEAL OF SIMON PLAZA, INC. OF THE PLANNING COMMISSION'S COND?ONS TO THE APPROVAL OF A ONE- YEAR EXTENSION OF TIME FOR A PREVIOUSLY-APPROVED PROJECT ON 5.6i ACRES ON ifiGHWAY Ill, EAST OF WASHINGTON STREET. Mr. Herman, Community Development Director, advised that the applicant's one-year time extension will expire on May 24, 1995 and no additional time extension request has been filed. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff felt that the Council should deny the appeal, based on the applicant's failure to file a time extension request. MOTION It was moved by Council Members Sniff/Cathcart to deny the appeal and time extension request for Plot Plan 93-495 1st Extension of Time) of Simon Plaza, Inc. based on information contained in the staff report. Motion carried unanimously. MINUTE ORDER NO.95-105. 2. LANDSCAPE AND LIGHTING DISTRICT 89-1- CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 1995/96 PURSUANT TO THE MODIFIED ENGINEER'S REPORT. Mr. Cosper, Public Works Director, advised that on March 21, 1995, the Council adopted Resolution No.95-16 which established May 16, 1995 as the public hearing date for the Landscape & Lighting Assessment District. He advised that a meeting notice was advertised in the newspaper three times and approximately 7,000 informal notices were mailed to property owners to inform them of the public hearing. Re advised that four BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Mi?utes 20 May 16, 1995 protest letters were received from the public. He briefly reviewed the Engineer's Report advising that the Assessment District included 23,522 Equivalent Dwelling Units EDU). He advised that one Citywide Benefit Zone and six subzones are being proposed with a Citywide EDU rate of $43 and subzone rates, ranging from $1.54/EDU to $8.00/EDU. The proposed budget for Fiscal Year 95/96 is $1,014,906, an increase of $21,000 over last year's budget. He advised that a revenue shortage existed last year due to the deletion of subzone assessments and the elimination of an assessment to the annexation to the south. Definition changes to the Engineer's Report resulted in the inclusion of landscaped facilities on major thoroughfares and commercial areas in the Citywide zone. Subzones include landscaped areas on minor streets only. The assessment for vacant, residential parcels in excess of 20 acres was changed, levying an assessment on the first 20 acres only and defining the balance of the parcel as open space and exempt from assessment. The report includes an annual CPI adjustment for Los Angeles, Anaheim, and Riverside areas or a minimum of 5%. He recommended that the Citywide rate be increased from $35 IEDU to $43/EDU to offset the addition of new facilities, the subzone adjustments, and vacant land adjustments. The Mayor declared the PUBLIC HEARING OPEN. Mr. Carl Ingram, 78-625 Sanita Drive, questioned why all residents aren't charged the same rate. Mr. Cosper advised that staff tried to stay away from subzone assessments by changing definitions within the report, placing more facilities within the Citywide zone. However, approximately 1 % of the landscaped facilities are special features at entrances to subdivisions and aren't defined as Citywide bei?fits, resulting in the creation of subzones. Mr. Robert Tyler, 44-215 Villeta Drive, was opposed to the subzone assessments. He also felt that it was inappropriate to include $70,000 for maintenance of a pool that's yet to be approved and or even handle pool maintenance under the Landscape & Lighting * District. He asked the Council to remove pool maintenance costs from the budget and reduce the Citywide rate. Mr. Dane Hooper, 78-620 Avenida Tujunga, objected to the rate increase and the use of Landscape & Lighting funds for pool maintenance. He questioned why a shortfall existed last year since pool maintenance funds weren't used and was opposed to it being included again this year as a pool is unlikely to exist during the next 12 months. He didn't believe that the Landscape & Lighting District funds were being used properly, pointing out the condition of the Calle Rondo drainage ditch and that medians along Washington Street remain unlandscaped. Mr. Don McClelland, 79-815 Westward Ho Drive, was opposed to the rate increase, pointing out that government at all levels are cutting back while La Quinta proposes a BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 21 May 16, 1995 tax increase. He suggested that general landscaping and median strips be paid from the General Fund, reserving the Landscape & Lighting District assessment for specific, neighborhood landscaping only. He felt that the City's primary purpose is to supply pojice protection and streets. Mr. Ed Kibbey, 78-620 Sanita Drive, stated that the landscaped entrance to La Quinta Highlands is visible from a major thoroughfare and he felt that it should be included in the Citywide zone. He also felt that it's a waste of money to handle subzones separately from the Citywide zone since most of the assessment would be used for administrative costs. He believed that it made more sense to eliminate the subzones or use that amount to landscape the medians along Washington Street. He asked that pool maintenance costs be eliminated from the budget since the pool is unlikely to be completed this year and questioned if it was a proper use of Landscape & Lighting District funds. Mr. Nacho Gonzalez, 52-650 Eisenhower Drive, pointed Out that his taxes increase every year, but questioned where the money is going because no new landscaping? is done. Mr. Jack Wilson, 53-960 Avenida Montezuma, asked if a surplus exists from the 1994/95 Landscape & Lighting District Fund Budget and how much it is. Mr. Cosper advised that there was a surplus of approximately $150,000 which is intended to be kept in a reserve for major damages or capital replacements. He also advised that the reserve would be used as a cash flow since no funds are collected during the first six-month period of the fiscal year. Mr. Wilson was opposed to the inclusion of pool maintenance funds in the Landscape & Lighting District assessment and asked how the bulk of the Landscape & Lighting District funds would be used. Mayor Pena advised that the funds would be used for ongoing maintenance of current, landscaped facilities with no inclusion for additional capital improvements this year. Mr. Wilson felt that beautification of the City is impottant and would support a decision by the Council to increase the assessment so that all of the City's medians could be landscaped and maintained. Ms. Kay Wolff, 77-227 Calle Ensenada, stated that she wouldn't mind paying a few dollars more to see the median strips landscaped. and the subzones eliminated. She felt that subzones are divisive and all residents benefit from the City's landscaped areas. She was pleased that pool maintenance funds were included in the budget and pointed out that they could be used for capital improvements if not needed during the year. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 2.2 May 16, 1995 Mr. Jack Sobelman, 52-815 Avenida Martinez, stated that he didn't have landscaping in front of his home. He asked why there's only one eastbound lane on Avenue 52 and why that median is so wide. Re also referred to the unlandscaped medians on Eisenhower Drive and suggested that desert landscaping be utilized to reduce landscape- maintenance costs. Mayor Peha advised that a second eastbound lane would be constructed on Avenue 52 as part of the development approval process. Re added that the landscaping along the Peters project is funded by the developer. Mr. Garza, 50-550 Calle Quito, questioned why taxes are being raised, yet areas of the City, such as the medians on Washington Street and the corner at Calle Tampico and Washington Street, remain unlandscaped. Mr. Dan Swenson, 80-600 Avenue 58, advised that the Landscape & Lighting District assessment on his 10-acre parcel was $565 last year. Re has lived there for 12 years and has no development plans. He felt that it's unfair to assess a Landscape and Lighting District assessment on vacant property based upon future development and asked the Council to consider this when considering the assessment. Mr. Wally Reynolds, 79-860 Fiesta Drive, read off the various taxes listed on his property tax bill and asked the Council to live within the City's budget and not approve add-ons" that are unnecessary, such as the pool. He wished to see an end to increased taxes and a topping-off of the Landscape & Lighting District assessment. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mayor Peha advised that the Council is very sensitive to tax increases because they also pay taxes and noted that many property tax increases are from agencies other than La Quinta. Re, too, would be willing to pay his fair share to see some of the medians landscaped, but advised that many people are sensitive about taxes being increased. He referred to the City's $1 million Landscape & Lighting District budget, noting that the City's costs are sometimes high due to liability issues. He advised that last November, the Council heard the people asking the government to cut back and it's because of that that they didn't propose additional capital improvement projects. In response to Council Member Perkins, Mr. Cosper confirmed that the assessment can be lowered, but not raised at this time. Council Member Perkins advised that he, too, would be willing to pay a little more to see the median on Washingt6n Street landscaped. He felt that the City should reassess its priorities regarding landscaping, noting that Washington Street is a major thoroughfare BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 23 May 16, 1995 leading to the La Quinta Hotel, the City's largest taxpayer. Re supported the Citywide assessment rate, but felt that the subzone assessments should be reduced by 50%. In response to Council Member Cathcart, Mr. Cosper advised that the projected revenue from the six subzones would be $4,500 and includes no administrative costs. He advised that the subzones could be eliminated and the $4,500 made up from last year's reserve. Council Members Cathcart and Bangerter supported the elimination of the subzones and the use of reserves to cover those costs. Council Member Sniff advised that he opposed the formation of the Landscape & Lighting District in 1989 because he felt then that the costs would continue to grow. He supported the elimination of the subzone assessments, just as he did last year. He asked staff how much was included in the $43 rate for pool maintenance. Mr. Cosper advised that he was unable to break down the costs into the EDU rate, but advised that $70,000 was budgeted for pool maintenance and $91,000 for park maintenance at the Fritz Burns Park. Council Member Sniff felt that it was unlikely that there would be a pool to maintain during the next year. He suggested a Citywide flat fee of $40/EDU, noting that the park may not be finished either. He was opposed to levying taxes to maintain facilities that don't yet exist. He suggested that staff be encouraged to deve[op a method and cost for interim landscaping for medians along Eisenhower Drive and Washington Street. Mayor Pena suggested leaving the Citywide assessment at $43, eliminating the subzones, and utilizing the funds set aside for pool and park maintenance to landscape medians on Washington Street and Eisenhower Drive. Council Member Bangerter asked if pool maintenance funds that weren t used this year and remained as a surplus at the end of the year, could be used to reduce next year's assessment to which Mr. Cosper responded yes. In response to Council Member Sniff, Mr. Cosper advised that the Fritz Burns Park and pool impacted the $35 assessment last year by $7, but he was unable to provide an impact figure against this year's assessment because of the reduction in EDU's. Council Member Sniff supported Mayor Pena's suggestion to allocate unused park & pool maintenance funds toward median landscaping. Council Member Cathcart asked how much median landscaping could be maintained for $70,000. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council Minutes 24 May 16, 1995 Mr. Cosper advised that current median landscaping costs are approximately $19,000/acre annually, but low-maintenance landscaping is planned for future areas and would be reduced to approximately $12,000/acre annually. He advised that $70,000 would allow low-maintenance landscaping on five or six acres, which is greater than the Eisenhower Drive median strip in front of the La Quinta Hotel. He advised that landscaping of the median strip on Washington Street between Highway 111 and Avenue 47, would be a part of the Washington Street Widening Project and the area between Avenue 47 and Avenue 48 would cost approximately $10,000 annually to maintain. The walled area along Washington Street will be addressed during the 1998/99 fiscal year Capital Improvement Program. Council Member Cathcart was willing to commit funds for maintenance as long as there were funds available to complete the landscaping. Mayor Pefia felt that medians shouldn't be constructed until funds are available to landscape and maintain them. In response to Council Member Cathcart, Mr. Cosper advised that median landscaping in front of the La Quinta Hotel is included in this year's Capital Improvement Program. He stated that it's scheduled to be designed during 1995/96 and landscaped during 1996/97, but could be moved forward if funds become available. Mayor Pena suggested that Council adopt a Citywide rate of $43, e!iminate the subzone assessments, and re-commit the pool and park maintenance assessment to other landscaping to be determined at a later date. RESOLUTION NO.95-33 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 1995-1996 ASSESSMENT DISTRICT 89-1. It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-33 as amended eliminating the sub-zone assessments. Council Member Cathcart referred to Mr. Swenson's comment regarding potential EDU assessments and asked how many other property owners were impacted in the same manner to which Mr. Cosper said that he didn't know. Council Member Cathcart was sympathetic toward Mr. Swenson's problem and wished for it to be examined. BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 n City Council Minutes 2.5 May 6, 995 Mr. Cosper advised that the vacant-parcel rate is not based on potential" EDU's, but rather based on the vacant rate of 1.65 EDU's per acre as established in the Engineer's Report, noting that it's possible to develop those parcels with up to 5 EDU's per acre. Council Member Bangerter advised that she would support the motion, but not necessarily the discussion which has transpired. Council Member Cathcart remained sympathetic to Mr. Swenson, noting that his annual assessment is $565 for one house on 0 acres as opposed to a $43 assessment for anyone else who owns one house on a residential lot. He asked if any provision would be allowed for Mr. Swenson to come back for an adjustment. Mr. Cosper advised that no provision is allowed unless direction is given to staff to change the formula in the Engineer's Report. Mayor Pena was also sympathetic to the problem, but felt that it's difficult to design a formula that's equitable to everyone and adjusting it at this time would change everything. Mr. Cosper advised that the impact of the formula on the Landscape & Lighting District budget was looked at during the preparation of the Feasibility Report. It was examined at 5, 10, 15 and 20 acres and the decision was made to use 20 acres as the dividing point. Council Member Perkins wished to examine the formula that was used to determine the rate on vacant property. Motion carried unanifliously. Council Member Sniff felt that the Council should direct staff to hold the unused pool and park maintenance funds to. landscape and maintain the median strips along Eisenhower Drive and Washington Street to whatever extent those funds would reach. Mr. Genovese, City Manager, advised that the funds could be earmarked and brought back to the Council for consideration. 3. TENTATIVE TRACT 2S150 APPROVAL TO SUBDIVIDE A VACANT PARCEL INTO 14 SINGLE-FAMILY LOTS AND ONE COMMON LOT ON THE WEST SIDE OF INTERLACHEN, NORTH OF AVENUE 5S, WITHIN PGA WEST. APPLICANT: KSL RECREATION CORPORATION. Mr. Herman, Community Development Director, advised that the applicant had requested that the Council refer this matter back to the Planning Commission for reconsideration BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 nCity Council M?utes 26 May 16, 1995 so that it can be properly noticed to all appropriate property owners within PGA West. He advised that the applicant is willing to pay additional costs associated with the new Planning Commission Public Rearing. Mr. frwin Golds, 77-564 Country Club Drive, Palm Desert, legal counsel for KSL Recreation Corporation, advised that KSL felt that it would be appropriate to go through the Planning Commission hearing again because there were some property owners who failed to receive notification of the previous Planning Commission hearing. Mr. Bob Sardella, 57-646 Interlachen, asked if the Council would recognize the CC&R's from the two PGA West Homeowner Associations during their approval process. He advised that the proposed tract lacks a swimming pool and restroom facilities for maintenance staff. He was also concerned about properly identifying the actual declarant entering into an agreement with the Homeowner Associations. Ms. Honeywell, City Attorney, advised that the City enforces its own zoning regulations and requirements and doesn't review individual CC&R's of Homeowner Associations. She advised that a violation of CC&R's is not within the City's purview unless it also violates a condition placed on a tract map or is a violation of the City's zoning regulations. In response to Mr. Sardella, Ms. Honeywell advised that approvals for temporary trailers would have been based upon the City's own zoning requirements, specific plan, or tract map conditions. She advised that the City is responsible for enforcing the removal of temporary trailers once their permit has expired. MOTION It was moved by Council Members Sniff/Cathcart to refer Tentative Tract 28150 back to the Planning Commission for a new public hearing at the request of KSL Recreation Corporation. Motion carried unanimously. MINUTh ORDER NO.95-106. PUBLIC COMNiENTS Mr. Carl Ingram, 78-625 Sanita Drive, thanked the Council for their willingness to work with those who want a community pool at the Fritz Burns Park. He felt that some of the agencies that the City helps financially are capable of generating their own funds, such as the Arts Foundation and suggested that the Council look at reducing some of those contributions. He felt that maintenance costs and construction costs could be reduced by working with the YMCA and redesigning the aquatics building. Ms. Kay Wolff, 77-227 Calle Ensenada, was pleased that the Council is willing to consider some type of compromise on the pool. She said that residents weren't too concerned about the delay of the pool during the last few years because the City was moving forward with other facilities such as the Civic Center and Senior Center. They were supportive of those facilities BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02 n City Council Minutes 27 May 16. 995 and patiently waited for the approval of the pool which they hoped would happen soon. She hoped that the issue wouldn't have to be placed on the ballot for an advisory vote because she felt that it would become too much of a political issue. Mr. Robert Tyler, 44-215 Villeta Drive, felt that La Quinta is a growing City that encourages new industry, but felt that the City had treated Mr. Simon unfairly and without the same courtesy extended to new businesses. Mayor Pena advised that the Council was unable to approve action on Mr. Simon's project because he had failed to gain ownership of all the land he wished to develop. He advised that the Council continued the appeal eight times to allow Mr. Simon the time to complete negotiations on that land. He said that he personally met with Mr. Simon many times to help him through the process, but unfortunately Mr. Simon was unable to get financing and control of Parcel 6. Council Member Sniff commented that the Council hoped that Mr. Simon would be able to resolve the issues that prevented him from being able to move forward with his project and pursue it further. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session. CLOSED SESSION........................continued 2. Conference with labor negotiator Tom Hartung regarding negotiations with the City of La Quinta Employees Association pursuant to Government Code Section 54957.6. 3. Public Employee Performance Evaluation Council-appointed position of City Manager pursuant to Government Code Section 54957. 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. UNDRA L. J? OLA, City Clerk City of La Quinta, California BIB] 12-12-95-U01 03:47:21PM-U01 CCMIN-U02 05-U02 16-U02 95-U02