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1995 06 20 CC Minutes LA QUINTA CITY COUNCIL MINUTES June 20, 1995 Regular meeting of the La. Quinta City Council on June 20, 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 Pena ABSENT: None CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members SniffIBangerter to approve the City Council Minutes of June 6, 1995 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENTS None WRITTEN CORRESPONDENCE None BUSINESS SESSION 1, CONSWE?ON OF AWARD OF CONTRACT FOR CONSTRUC?ON OF FRITZ BURNS PARKIPALM ROYALE PARK, PROJECT NO. 95?2. Mayor Pefia abstained. due to a conifict of interest and left the dais. Mr. Cosper, Public Works Director, advised that six bids were received at the bid opening on June 19th for the Fritz Burns Park and Palm Royale Park construction. He advised that the engineer's base-bid estimate was $628,000 with add-alternatives of $249,718 making a total engineer's estimate of $877,718. The lowest, responsive bid was received from the James T. Dunphy Construction Company in the amount of $866,890, which was $11,000 under the engineer's estimate. The remaining five bids ranged from $1,008,000 to $1,166,000. Bids were requested to include a base-bid along BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 2 June 20, 1995 with supplemental bids for add-alternatives on each park. The add-alternatives for the Fritz Burns Park are: 1) an additional nine months of landscape maintenance 2) construction of parking lot on new Avenue 52 3) parking lot expansion improvements to the main parking lot at the south end of the park 4) street improvements to the north end of the park on new Avenue 52 extended to the east end of the park) The add-alternatives for the Palm Royale Park are: 1) site furnishings, additional landscaping and irrigation, security lighting, and jogging path 2) a fogging mist) system 3) a water play structure 4) overhead shade structure for play area 5) an additional nine months of landscape maintenance Mr. Cosper recommended that add-alternatives 1, 2, and 4 be included in the Fritz Burns Park construction at the present time, with add?alternative 3 delayed until a pool is constructed. The total cost of the Fritz Burns Park with the three add-alternatives is $699,630 which consists of a base-bid construction cost o?$550,630 including utilities, inspection, testing, contingency, and administration and $149,000 for the add- alternatives. He further recommended that all five add-alternatives be included in the Palm Royale Park project. The base bid construction cost for that park is $265,113 which includes the purchase of playground equipment, a bulletin board, and fibar in?lieu of sand) for the playground area. The five add-alternatives total $109,900, making a total project cost of $375,013. He advised that adequate funds exist for the construction of the Fritz Burns Park, but there's a shortage of $229,013 for the Palm Royale Park. He recommended the appropriation of $167,000 in Quimby Funds and $62,000 in Infrastructure Funds and advised that the Infrastructure Funds would be reimbursed with future Quimby Funds. Council Member Sniff felt that both parks are long overdue and it's imperative to move forward with their construction. Mr. Jack Sobelman, 52-815 Avenida Martinez spoke in opposition to the park projects and felt that the Council should review its position on fiscal responsibility. He referred to the City's unlandscaped medians, suggesting that the City complete them before they start new projects such as parks or a pool. Mr. Jeff Sinith, 54-631 Avenida Alvarado, was supportive of the long overdue park construction and hoped that the pool issue would soon be resolved also. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 3 June 20, 1995 Mr. Fred Wolff, 77-227 CalIe Ensenada, supported the park construction, but suggested that Council postpone the bid award until they discuss the pool options on July 5th. He felt that the purpose of taxation is to provide benefits for the community as a whole and not personal benefit as some people seem to think. Mr. Robert Metkus, supported the parks, but was concerned about where the funds for maintenance costs will come from and the reality of being able to reimburse the Infrastructure Funds with Quimby Funds since the issuance of building permits have stopped. Re also felt that the parks should be supervised to prevent cars from parking there during the night. The following people spoke in support of the Fritz Burns Park pool: * Kay Wolff 77-227 Calle Ensenada * Betty Anderson 52-839 Avenida Diaz * Aaron Spiropoulos 54-620 Eisenhower Drive * Brian Brown 50-945 Calle Paloma * Allison Franke 53-794 Avenida Alvarado * Stephanie Spiropoulos 54-620 Eisenhower Drive * Kevin Franke 53-794 Avenida Alvarado * Drew Franke 53-794 Avenida Alvarado * Elaine Franke 53-794 Avenida Alvarado * Sandy Spiropoulos 54-620 Eisenhower Drive The following spoke in opposition to the Fritz Burns Park pool: * Peter Platamone 79-575 Marigold Lane In response to Council Member Cathcart, Mr. Cosper advised that a Mee- ogging System is a misting system that attaches to the overhead shade structure, and the water play structure squirts water when buttons are pushed. He advised that the five add- alternatives for. the Palm Royale Park resulted from public input received at the public forums. Council Member Cathcart asked if the water play structure had any related safety concerns. Mr. Cosper advised that the concrete area is scored to prevent slipping and the water play structure itself is not designed for children to climb on. In response to Council Member Perkins, Mr. Cosper advised that current maintenance costs for the Palm Royale Park are $65,000 to $70,000 annually which is expected to decrease when the park is completed because some of the design changes will require less BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 4 June 20, 1995 mowing. The Fritz Burns Park maintenance costs are expected to increase approximatejy $40,000, for a total of $91,000 annually. In response to Council Member Cathcart, Mr. Freeland, Senior Engineer, reviewed the site plan for the Palm Royale Park and advised that all parking would be along the street. Council Member Cathcart was concerned about the safety of children since Adams Street is a busy street and no fencing is proposed. Mr. Cosper advised that heavy landscaping would be placed between the play area and the street to deter children away from the street. Council Member Sniff supported acceptance of the bid and advised that the pool issue would be addressed by the Council at their July 5th meeting, noting that the two issues were separated so that the park construction could move forward. Council Member Cathcart was uncomfortable with borrowing money from the Infrastructure Fund. He preferred to approve the bid-award without the add-alternatives for the Palm Royale Park until he had time to review them more thoroughly. He asked if that would delay the project and Mr. Cosper responded no. Mayor Pro Tern Bangerter advised that she continues to adamantly support the pqol and hopes that a compromise is reached at the July 5th meeting. She didn't feel that acceptance of a bid on the park construction would endanger the pool project and should be approved with the add-alternatives recommended by staff. In response to Council Member Perkins, Mr. Cosper advised that the misting system is proposed for the Palm Royale Park only. In response to Mayor Pro Tern Bangerter, Mr. Herman, Community Development Director, advised that the City continues to collect Quimby Funds when final subdivision maps are recorded, noting that some of the PGA West maps have yet to be finaled. Council Member Perkins wasn't sure that the misting system would be beneficial in an open park area and pointed out that $15,000 would be saved if it was deleted. Council Member Cathcart was concerned that the water play structure would create additional maintenance costs and wished to see it put on hold temporarily. In response to Council Member Perkins, Mr. Cosper advised that the plumbing for the misting system and water play area could be included with the park construction for later addition of those add-alternatives. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 5 June 20, 1995 Council Member Perkins preferred acceptance of the bid without some of the add- alternatives, but didn't want the park construction to be delayed. Mr. Cosper advised that it wouldn't delay park construction. He also advised that deletion of the misting system and water play structure would save $30,400. Mayor Pro Tern Bangerter was concerned about deleting the few park amenities that residents in that area have requested. Council Member Cathcart wasn't suggesting the deletion of the amenities, but only a delay of their approval until he has time to review them more carefully. Council Member Perkins concurred. MOTION It was moved by Council Members Sniff/Cathcart to award the contract for construction of the Fritz Burns Park including additive alternatives 1, 2, and 4 and the Palm Royale Park with additive alternatives 1, 4, and 5, Project No. 95-02, in the amount of $866,890 to James T. Dunphy Construction Co.; and to appropriate an additional $167,000 in Quimby Funds and $31,613 in Infrastructure Funds for Palm Royale Park Improvements. Mayor Pro Tern Bangerter advised that she would support the motion, but felt that it should have been approved as recommended by staff. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.95-125. Council directed staff to provide additional information regarding add-alternatives 2 and 3 for Palm Royale Park for placement on the July 5th Council agenda for consideration. 2. CONSIDERATION OF A RECOMMENDATION BY THE ART IN PUBLIC PLACES COMMITThE TO ENIIIANCE 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 this matter was continued on May 16, 1995, until the Fritz Burns Park contract bid was awarded. The request by the Art in Public Places Committee is that additional funding be approved in the amount of $21,000 for artwork to be located at the Fritz Burns Park, increasing the artist's contract to a total of $51,000. The artist will construct a water-spray, shade structure with mosaic artwork, design and install mosaic artwork tiles in the sidewalk, finish and store the nearly-completed gate that was originally-designed for the aquatics facility entrance. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 6 June 20,1995 In response to Council Member Sniff, Mr. Herman advised that the gate was specifically- designed for the aquatics facility and no alternate location has been designated. In response to Council Member Cathcart, Mr. Herman advised that the artwork is ready to be installed as soon as the park is constructed. He added that the gate is near completion. Council Member Cathcart asked if the contract with the artist could be extended for six months, thus storing the artwork. Ms. Honeywell, City Attorney, said that storage of the artwork is addressed in the contract, but advised that park construction was expected to be dealt with in a timely manner when the contract was negotiated. Therefore, she felt that further delays would necessitate new contract negotiations. She advised that the good-faith implications should be considered because of the materials the artist has purchased and the work already completed in anticipation of a timely end to the contract. Mayor Pro Tern Bangerter commented that the delays have been the result of the Council decisions and not the fault of the artist. Council Member Perkins questioned if the issue should be dealt with when the pool options are discussed on July 5th. Council Member Sniff felt that the artwork will be useful and valuable additions to the park without a pool. In response to Mayor Pro Tem Bangerter, Mr. Herman confirmed that the additional funds are for the construction of towers that originally would have been constructed with the pool. Council Member Sniff felt that appropriation of funds for the artwork was essential because the artwork is an integral part of the Fritz Burns Park and will make it more functional and attractive. MOTION It was moved by Council Members Sniff?Bangerter to approve the relocation of the artwork and the appropriation of $21,000 Fritz Burns Park artwork). In response to Council Member Perkins, Mr. Herman advised that Art in Public Places funds are available for this project and noted that they are collected solely for the placement of artwork in the City. The balance remaining after this expenditure will be $20,000 to $25,000 and will increase as new building permits are issued. Council Member Cathcart questioned the appropriateness of the artwork in the park should the pool not be built. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 7 June 20, 1995 Mayor Pro Tern Bangerter felt that the proposed artwork would be appropriate with or without a pool except for the gate which was specifically designed for the aquatics facility and is almost complete. Motion carried with Council Member Cathcart voting NO and Mayor Pena ABSENT. MINUTE ORDER NO. 95-126. 3. CONSIDERATION OF AN URGENCY ORDINANCE M)DING A NEW CHAPTER 5.SO AND AMENDING CHAPTER 9.154 OF THE LA QUINTA MUNICIPAL CODE RELATING TO ADULT-ORIENThD BUSINESSES. Ms. Honeywell, City Attorney, advised that Council directed her on June 6, 1995, to review the City's Adult Entertainment Ordinance. She recommended that the conditional-use-permit format be revised because court cases haven't upheld it in several years. She advised that the City has received inquires regarding possible location of an adult-oriented business within the City, but no application has been filed. Due to these recent inquiries, she recommended the adoption of an urgency ordinance that incorporates new standards, noting that it would take effect immediately. The urgency ordinance, or moratorium, will expire in 45 days unless extended or a final ordinance is adopted. She recommended proceeding with the adoption process of a final ordinance which would involve public hearings before the Planning Commission and City Council. Mr. Herman, Community Development Director, presented a map that showed six to twelve allowable sites for adult-oriented businesses, should all requirements be met, including the distance requirement from other specific uses. Ms. Honeywell recommended the following revisions to Section 5.80.060 Findings/Requirements) of the draft ordinance: 1) Footnote chan? to Section 5.80.060: replace property line of the lot on which the...." with structure of the proposed...." and delete shall be located. 2) Section 5.80.60 G): replace with The adult-oriented business shall not be located within any structure for which a part is within 100 feet of the ultimate right- of-way on a mojor, primary, or secondary thoroughfare as d?ned in the General Plan of the City of La Quinta and the building entrance shall not be facing said thoroughfare." BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 8 June 20, 1995 Ms. Honeywell advised that distance criteria is not as important when defending against adult-oriented businesses as the ability to prove that a reasonable number of sites are available for their location. Ms. I?ee Dee Felich, 51-290 Avenida Juarez, urged the Council to carefully look at the ordinance, making sure that they can live with it and that it will discourage such establishments within the City. She believed that sexually-oriented businesses hinder the growth of communities by decreasing the property values and advised that she and her friends earnestly support the strongest adult-oriented business ordinance possible. Ms. Connie Baty, 78-900 Sonesta Way, liked the draft ordinance, but felt that additional revisions were needed to make it strong enough and was concerned that all of the allowable sites on the map are along Highway 111. She felt that issues such as sexually-deviant devices and public nudity should be addressed and suggested that public nudity be banned as done by the cities of lndio, Indian Wells, Palm Desert, and Rancho Mirage as she and friends are willing to take the risk. She believed that the allowance of sexually-oriented businesses in La Quinta would destroy the City's vision and quality of life and wished to be involved with the study of this ordinance. Ms. Caren Brodt, 53-120 Avenida Ramirez, believed that pornography promotes crime and voiced support for the public comments she had heard. Ms. Dorothy Venable, 79-555 Blazing Star Trail, strongly objected to the allowance of any type of adult-oriented business within the City. Ms. Karen Holgate, 45-865 Pawnee Road, Indian Wells, Executive Director of HOPE, liked the ordinance, but recommended some changes. She pointed out similarities between this ordinance and the one adopted by the City of Palm Springs, advising that the Palm Springs City Council compromised their ordinance in some areas because of various factions in their City. She suggested that Condition B in Section 5.80.020 Definitions) be eliminated which partly defines an adult-oriented business as one where any such sexual activity takes place six times or more monthly. She also referred to Condition A of Section 5.80.020 Definitions) which refers to exceeding 10% and pointed out that 20% has been struck down in court. She felt that the draft ordinance would serve well as an urgency ordinance, but urged fine-tuning of it. Ms. Chris Clarke, property owner along Highway 111, requested that her property on Highway 111 not be designated as an allowable site for such businesses. Ms. Betty Anderson, 52-839 Avenida Diaz, wasn't aware that such businesses would even be considered in the community and urged the Council to adopt the strongest ordinance possible to discourage such elements from entering the City. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 9 June 20, 1995 Ms. Beverly Brazil, 44-400 Buttercup Lane, asked how close adult-oriented businesses are allowed to locate to a residence. She urged the Council to protect residential areas from such businesses to the fullest extent allowable by law. Ms. Honeywell advised that the draft ordinance wouldn't allow adult-oriented businesses within 500 feet of residential property. However, there is no law that governs any specific distance requirement that such establishments must be from other property uses, but rather the law requires that a reasonable number of potential locations be allowed for such businesses because of the First Amendment. She advised that distance requirements vary from city to city, because of the varying types of uses within each city that can restrict such business locations, but she felt that 500 feet has been pretty well upheld in the courts. She advised that allowable adult-oriented business sites will change as new businesses come into the City such as those selling alcohol because of the distance requirement in the draft ordinance. She said that each community must look at their own zoning configuration when regulating the secondary effects of such businesses and make sure that they aren't prohibiting them. Mr. Pete Platamone, 79-575 Marigold Lane, understood that an application has been filed to open an adult-oriented business on Highway 111 and Mayor Pena advised that no application has been received. Mr. Platamone complimented the City Council and City Attorney for the language within the draft ordinance and supported the strongest ordinance possible. Mayor Pefia reiterated that inquires have been received about locating ati adult-oriented business along Highway 111, but no application has been filed. He stated that the Council wishes to be as restrictive as the law will allow, but pointed out that adult- oriented business operators also have the law behind them to protect their rights. They can't be prohibited, but they can be regulated through City ordinances. He advised that the Council welcomes input from those people who are knowledgeable and experienced in this subject so that the City can adopt the strictest ordinance possible, noting that adult-oriented businesses look for cities with the weakest ordinances when selecting a location. In response to a question from the audience, Ms. Honeywell advised that her recommendation would be for Council to adopt the draft ordinance and then proceed with public hearings through the Planning Commission and City Council so that a final ordinance could be adopted by Council's August 1st meeting. Mr. Ernie Brazil, 44-400 Buttercup Lane, asked if an adult-bookstore operator from Cathedral City has contacted the City about operating such a business at the corner of Highway 111 and Dune Palms Road. Mayor Pefia advised that the person making inquiries didn't give a name. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 10 June 20, 1995 Mr. Bob Merriman, 51-345 Avenida Rubio, advised that his friend, who is an architect, was asked to design a structure for use as an adult-oriented business by a man who claimed to have a permit from the City. Re said that property was also sold with a provision that this business could be allowed. Mayor Pena reiterated that no application has been received. Council Member Bangerter asked the City Attorney if the prohibition of patrons offering payments or gratuities to semi-nude performers would apply to juice bars" that allow 18 year-olds. Ms. Honeywell advised that the regulations in the ordinance would apply to all adult- oriented businesses that are defined as such in the ordinance which would include juice bars" if the dress of its employees fall under the definition of semi-nudity. She added that there are certain restrictions within the ordinance that are intended to make the offering and acceptance of such gratuities very difficult if not impossible. She advised that the state of undress is defined in the ordinance. Council Member Perkins advised that he had some suggested changes to the ordinance and would submit them to the City Attorney and recommended that others do the same prior to the public hearings. Ms. Honeywell suggested that those changes be submitted to the Community Development Director at this point. Council Member Sniff expressed appreciation for the public comments and felt that the Council should move forward with the draft ordinance which is only a beginning. MOTION It was moved by Council Members Sniff/Perkins to take up O?dinance No. 267 as amended by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.267 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING A NEW CHAPTER 5.SO TO THE CODE OF THE CITY OF LA QUINTA, AMENDING CHAPTER 9.154, TO THE ZONING ORDINANCE OF THE CITY OF LA QUINTA. It was moved by Council Members Sniff/Perkins to adopt Urgency Ordinance No.267 as amended as delineated by the City Attorney herein before). Motion carried by the following vote: BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 11 June 20,1995 AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 4. CONSIDERATION OF A STREET-NAME CHANGE #95-006 TO RENAME OLD AVENUE 52 TO FRANCIS HACK LANE EAST OF AVENIDA BERMUDAS. APPLICANT: LA QUINTA VOLUNTEER IRRE DEPARTMENT. Mr. Herman, Community Development Director, advised that the La Quinta Volunteer Fire Department LQVFD) has requested that old Avenue 52 be renamed to Frances Hack Lane. He advised that the Coachella Valley Recreation & Park District recently renamed the Community Park to Frances Hack Park, but the LQVFD continues to wish to name the street after Ms. Hack as well and the Planning Commission voted 7-0 to approve the name change. Council Member Sniff commented that Ms. Hack was a lovely lady who supported. the community in many ways, but he was concerned that it might be confusing to have an entrance to the Fritz Burns Park named Frances Rack Lane and a short distance away have a park named Frances Rack Park. He wasn't necessarily opposed to the name change, but questioned the validity of naming two separate places after Ms. Hack. He suggested that the LQVFD consider offering an alternate name, possibly after another noble contributor in the community such as Fred Wolff, Fred Rice, Roxie Yessayian, etc. Mr. Bruce Pelletier, representative of the La Quinta VolunteerFire Department. advised that they discussed this issue at their last meeting, but still wish to rename the street after Ms. Rack because of her dedication and substantial donations to the Fire Department that contributed to the saving of many lives. He didn't feel that the street name would cause any confusion because the only establishment located on that street is the Fire Department and the Fritz Burns Park. Council Member Perkins shared Council Member Sniff's concerns and wasn't sure that it's appropriate to name two places after one individual. Re advised that he wouldn't support the name change. Council Member Sniff suggested that this matter be referred back to the LQVFD for alternate name submittals, perhaps even a long-term volunteer from the department. Mr. Jeff Sommers, 53-460 Avenida Juarez, felt that the significance and morale of the LQVFD should be considered and urged the Council to honor their request. He didn't feel that there would be any confusion in the names of the two places. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 12 June 20, 1995 Council Member Cathcart asked if there were any plans to move the Fire Department. Mayor Pefia advised that there are no plans to move it, but only to reorient it on the same site. Council Member Sniff recalled that there were past discussions about moving it to Washington Street. Council Member Cathcart didn't feel that the confusion would be that significant since no other structures would be built on that street. He also didn't have a problem with naming two places after Ms. Hack, noting that the park was named after her because of her many contributions to it. Council Member Perkins was still concerned about naming two places after one individual, but will support the name change. Council Member Bangerter supported the requested name change. RESOL?ON NO.9542 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE APPLICATION TO CIIANGE THE STREET NAME OF OLD AVENUE 52 BETWEEN AVENIDA BERMUDAS AND ITS TERMINUS 7S0-FEET EAST TO FAANCES HACK LANE. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-42 as submitted. Motion carried unanimously. 5. CONSIDE?ON OF A RESOLUTION APPROVING THE ISSUANCE OF LA QUINTA REDEVELOPMENT PROJECT AREA NOS. 1 AND 2, 1995 HOUSING TAX ALLOCATION BONDS AND MAKING CERTAIN FINDINGS RELATING THERETO BY THE REDEVELOPMENT AGENCY. Mr. Herman, Community Development Director, advised that the resolution would authorize the issuance of up to $28 million in bonds for affordable housing activities and would not obligate the City for the costs that are associated with the issuance and repayment of the bonds as that obligation falls under the Redevelopment Agency. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 13 June 20, 1995 RESOLUTION NO.95-43 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE ISSUANCE BY THE LA QUINTA REDEVELOPMENT AGENCY OF ITS REDEVELOPMENT PROJECT AREA NOS. 1 AND 2, 1995 HOUSING TAX ALLOCATION BONDS AND MAKING CERTAIN DETERMINATIONS RELATING THERETO. It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-43 as submitted. Motion carried unanimously. 6. CONSIDERATION OF A CITY COUNCIL RESOLUTION AUTHORIZING THE EXECUTION OF THE CERTIFICATE OF ACCEPTANCE FOR PROPERTY DESCRIBED IN EXHIBIT A' FOR A PORTION OF DESERT CLUB DRIVE, NORTH OF CALLE TAMPICO. Mr. Herman, Community Development Director, advised that the resolution would authorize the City Manager to execute a grant deed acceptance from the Betty Altman Revocable Living Trust to gain the right-of-way for Desert Club Drive at the Desert Sands Unified School District Elementary School. RESOLUTION NO.95-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING THE EXECUTION OF THE CERTIFICATE OF ACCEPTANCE FOR PROPERTY DESCRIBED IN EXHIBIT A". It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-44 as submitted. Motion carried unanimously. 7. CONSIDERATION OF AMENDMENT TO SECTION 2.70.010(A) OF THE LA QUINTA MUNICIPAL CODE INCREASING THE INVESTMENT ADVISORY BOARD FROM FIVE MEMBERS TO SEVEN MEMBERS AND CONSIDERATION OF APPOINTMENT OF FOUR MEMBERS. Mayor Pena advised that the Council received a letter of resignation from Helen Gilreath. which would bring the total number of vacancies to five upon adoption of the ordinance. Mrs. Juhola advised that Mr. Geoffrey Mott withdrew his application and Mr. Robert Frame was unable to be present for an interview. She advised that Ms. Gilreath's term expires dn June 30, 1996. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 14 June 20, 1995 MOTION It was moved by Council Members Sniff/Bangerter to take up Ordinance No. 268 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.268 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUNTA, CALifORNIA, AMENDING SECTION 2.70.010(B) OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD. It was moved by Council Members Sniff/Bangerter to introduce Ordinance No.268 on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Peha NOES: None ABSENT: None ABSTAIN: None MOTION It was moved by Mayor Peha and seconded by Council Member Cathcart to accept the resignation of Helen Gilreath effective immediately and to vote for five appointees with the person receiving the least amount of votes filling Ms. Gilreath's unexpired term. Motion carried unanimously. MIT"JTE ORDER NO.95-127. Mayor Pena voted for Joseph Irwin, Thomas Lewis, Lee Osborne, Ernest Rodriguez, and Dale Walter Council Member Bangerter voted for Robert Frame, Joseph Irwin, Thomas Lewis, Lee Osborne, and Ernest Rodriguez Council Member Cathcart voted f6r Robert Frame, Joseph Irwin, Thomas Lewis, Lee Osborne, and Ernest Rodriguez Council Member Perkins voted for Joseph Irwin, Thomas Lewis, Lee Osborne, Ernest Rodriguez, and Dale Walter Council Member Sniff voted for Robert Frame, Joseph Irwin, Thomas Lewis. Lee Osborne, and Ernest Rodriguez M?ON It was moved by Council Members Sniff/Bangerter to appoint Joseph Irwin, Thomas Lewis, Lee Osborne, and Ernest Rodriguez to two-year terms beginning the effective date of Ordinance No.268 and that Robert Frame be appointed to the unexpired term of Helen Gilreath. Motion carried unanimously. MINUTE ORDER NO.95-128. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 15 June 20, 1995 S. CONTINUATION OF CONSWERATION OF RESOLUTION DENYING WITHOUT PRE3UDICE, THE CABLE TELEVISION FRANCHISE TRANSFER REQUEST. Ms. Honeywell, City Attorney, asked that this matter be continued until the evening session. It was moved by Council Members Sniff/Bangerter to continue the matter regarding the Cable Television Franchise Transfer Request to the evening session. Motion carried unanimously. MINUTE ORDER NO.95-129. 9. CONSIDERATION OF AUTHORIZATION TO PURCHASE A RADIO REPEATER FOR USE BY THE VOLUNTEERS FOR INCREASED PUBLIC SAFETY. Mr. Hartung, Building & Safety Director, advised that the Volunteers for Increased Public Safety have requested the purchase of a radio repeater for their program. He recommended the allocation of emergency funds for this expenditure and advised that they are expected to be reimbursed with asset forfeiture funds within two to four weeks. MOTION It was moved by Council Members Sniff/Bangerter to approve the request to purchase a radio repeater and appropriation of $2,500 from the General Fund Emergency Reserve. Motion carried unanimously. MINUTE ORDER NO.95-130. 10. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION. RESOLUTION NO. 95A5 A RESOL?ON OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING A MEMORANDUM OF UNDERSTANDING, BETWEEN THE CITY OF LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION LQCEA), COMMENCING ON 3ULY 1, 1995, AND TERMINATING ON JUNE 30, 1996. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-45 as submitted. Motion carried unanimously. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 16 June 20, 1995 11. SECOND READING OF ORDINANCES. ORDINANCE?NO. 266 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALWORNIA, REZONING CERTAIN PROPERTY WITHIN THE CITY AS DESCRIBED IN CHANGE OF ZONE CASE NO. 94?7. It was moved by Council Members Sniff/Cathcart to adopt Ordinance No.266 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, Cathcart, Perkins, Sniff, Mayor Pefia NOES: None ABSENT: None ABSTAIN: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER, DATED JUNE 20, 1995. 2. ADOPTION OF RESOLUTION APPROVING THE CITY OF LA QUINTA'S BENEFIT ASSESSMENT UNIT BALT) RATE FOR COUNTY SERVICE #152 CSA-152) FOR THE FISCAL YEAR 1995196. 3. AUTHORIZATION TO PROCEED WITH TRAFFIC SIGNAL IIPROVEMENTS FOR THE INTERSECTIONS OF FRED WARING DRIVE/ADAMS STREET AND MILES AVENUE/ADAMS STREET. MOTION It was moved by Council Members Sniff/Perkins to approve the Consent Calendar as recommended with Item No.2 being approved by RESOLUTION NO.95- 46. Motion carried unanimously. MINUTE ORDER NO. 95?131. STUDY SESSION Mayor Pena advised that the Study Session would be held during the evening session. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 17 June 20, 1995 DEPARTMENT REPORTS C-I. COUNCIL'S SUMMER SCHEDULE. Maydr Pena advised that this matter would be discussed during the evening session. H. Public Works Department Ms. Phyllis Holmes, a local business owner, spoke regarding the public right-of-way fronting her property on the south side of Calle Tampico, west of Avenida Bermudas and asked the City to consider installing some desert landscaping there to improve the aesthetics of the property for the benefit of her tenant's businesses. Mayor Pena asked staff if parking improvements were still a consideration in that area. Mr. Cosper, Public Works Director, advised that no parking improvements are being considered at the present time, but landscaping of the area is included in the Capital Improvement Program and expected within two to three years. H-i. POOL OPERATIONS. Mayor Pena abstained due to a conflict of interest and left the dais. Mr. Cosper, Public Works Director, advised that staff's intention was to present a comprehensive report to the Council at this meeting, but due to insufficient information from the Coachella Valley Recreation & Park District and YMCA the full report will be presented at the July 5th meeting. Council Member Sniff felt that it was unnecessary to deal with this matter at the present time since the report is not complete. The following people spoke in support of the Fritz Burns Park Pool: Ms. Val Smith 54-631 Avenida Alvarado Ms. Kathy Pederson 54-455 Avenida Rubio Ms. Becky Kochell 52-770 Avenida Villa Mr. Jeff Sommers 53-460 Avenida Juarez Mr. Gilbert Lopez 52-190 Avenida Rerrera BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 18 June 20, 1995 The following people spoke in opposition to the Fritz Burns Park Pool: Ms. Pat Jacobs-- 80-185 Westward Ho Drive Ms. Joyce Sivley 79-775 Westward Ho Drive Mr. Wally Reynolds 79-860 Fiesta Drive Ms. Terry Henderson 54-711 Eisenhower Drive Council recessed to Closed Session to and until the hour of 7:00 p.m. 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. APPEAL BY THE APPLICANT OF THE PLANING COMMISSION DENIAL OF CERTIFICATION OF EA 95-297 AND DEMAL OF CONDITIONAL USE PERMIT 95?19 FOR A 100-FOOT HIGH MONOPOLE WITH THREE CELLULAR-ANTENNA ARRAYS, THREE MICROWAVE-DISH ANTENNAS, AND EQUIPMENT BUILDING. APPLICANT: AIRTOUCH CELLULAR. Mr. Herman, Community Development Director, advised that the appeal is of the Planning Commission's 4-3 decision on May 9. 1995 in which they denied the certification of an environmental assessment and conditional use permit for AirTouch Cellular. The CUP is a request to install an equipment building and replace an existing 75-foot high light standard with a 100-foot high monopole at the Sports Complex on Avenue 50. The monopole would support three cellular-array antennas and three microwave-dish antennas as well as the lighting on the existing pole. He reviewed the site plan and described the architecture of the equipment building and surrounding six- foot high fence. He advised that the visual impacts of the monopole were discussed at the Planning Comrnission meeting. Since the Planning Commission meeting, the school has required a six-foot, chain-link fence around the equipment room. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 19 June 20, 1995 Mr. Hardy Strozier, 3151 Airway Avenue, Costa Mesa, of The Planning Associates and representative for AirTouch Cellular, advised that they are willing to reduce the height of the monopole to 85 feet to address the aesthetic concerns raised at the Planning Commission meeting. He said that the height reduction will reduce the effectiveness of the receiver, but will not prevent it from being a viable solution. The Sports Complex location will enable their signals to reach around the Santa Rosa Mountains and provide better cellular service for the area. He advised that they are prohibited from locating their monopole farther north on Highway 111 because their signal would then impinge upon their competitor's area which is forbidden by Federal regulations. If the Council decides to lower the lighting on all of the poles at the Sports Complex, they will lower the lights on their monopole, but would like to keep their array of antennas at 85 feet. They have reviewed alternative sites as suggested by some of the residents, but feel that locating the monopole elsewhere would only put the problem in someone else's backyard. Re believed that the proposed site would be more appropriate since over 21 light-poles already exist there. Re advised that the pole's diameter would be three-foot at the base, but tapered to 15 inches at the top, not looking much different than the existing light standards. He advised that the existing 75-foot light standard along Avenue 50 are barely visible from homes in the southwesterly direction of Avenue 50 and the ones farther back from the street aren't visible at all because the sight-height distance drops. He advised that the poles are visible from homes in the northwest direction, but felt that their monopole won't look much different than the existing poles. The new monopole will provide improved cellular service for areas now experiencing an average of 56 dropped- calls daily. In response to Council Member Cathcart, Mr. Strozier advised that a dropped-call is when an open line suddenly goes dead and the new installation would reduce those as well as blocked calls. The Mayor declared the PUBLIC HEARING OPEN. Mr. Wayne Gurainick, 74-399 Highway 111, Palm Desert, legal counsel for homeowners in the Painted Cove and Bajada subdivisions, agreed that improved service is needed, but felt that alternate sites are available and Ordinance No.248 restricts the placement of monopoles in residential areas when comparable sites exist. He suggested the following alternate sites: Avenue 50 and Jefferson Street, the Shopping Center Plaza, Avenue 48 and Dune Palms Road, and the Civic Center. Those sites, he felt, would be more appropriate than the Sports Complex, pointing out that the General Plan restricts the location of towers within a view corridor and the proposed site is in View Corridor No.2. He questioned the consideration to allow a monopole in a view corridor, noting that utilities are required to be placed underground. He believed that the monopole would add to the current aesthetic concerns caused by the light standards and questioned its overall height with the antennas. He suggested an alternate solution of installing smaller cell sites on top of buildings. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 20 June 20, 1995 Mr. Rick MeIzig, 340 Bella Vista Avenue, Los Gatos, suggested that the monopole be located in one of the alternate sites mentioned by Mr. Guralnick or redesigned. He presented pictures of similarly-designed monopoles that depict how they look in another community as well as pictures of monopoles that are architecturally integrated into lower sites that cover smaller areas of service. Mr. Joe Ministrelli, 50-445 Mountain Shadows, developer of the Painted Cove and Bajada subdivisions, has experienced difficulty in trying to sell homes in the two tracts because of the existing situation at the school and felt that the monopole will make it even harder. He pointed Out that the Council denied a monopole in 1993 at Avenue 52 and Jefferson Street because Landmark Land Company felt that it would impact their sales. He's willing to pay for a study to find an alternate lighting system that can be utilized on the ballfields without destroying the aesthetic view of the mountains and thus improve the image of the City. Re felt that use of cross-bars would allow a pole-height reduction of ten feet. Re objected to all of the light standards and telephone poles that are visible from the two tracts as well as the proposed monopole and urged the Council to be sensitive to the concerns of the numerous residents who have objected to this project. In response to Council Member Perkins, Mr. Ministrelli advised that the light standards at the Sports Complex already existed when he constructed the two tracts, but he believed that they would eventually be corrected since the City had required him to install his utilities underground. He was not aware of the planned construction of the Boys & Girls Club nor Sports Complex and felt that too many activities have already been approved at that location. Ms. Helen Nelson, advised that her front yard will face the monopole when she develops her lot. She was concerned about the safety factor of having a three-foot wide pole installed above ground and thought that the City was trying to get everything buried underground. She was opposed to another obstruction being added to the already obtrusive lighting. Mr. John Files, of La Quinta Fairways, said he purchased a very expensive home in La Quinta with a beautiful view, but has experienced a lot of trouble with children from the facilities across Avenue 50. They climb his eight-foot high, cyclone fence with barbed- wire on top and was concerned that they might also try to climb the monopole. Mr. Tom Cullinan, representing the Rancho La Quinta Country Club, the Enstancias of Rancho La Quinta Country Club, and Westinghouse Communities, advised that many of the lots would be impacted by the monopole and he felt that the owners of those lots would be vehemen?ly opposed to its unsightuness. Mr. Gary Avise, 78-710 Via Sonata, advised that Parc La Quinta's Homeowner Association has submitted a letter of opposition to the project. Re pointed out that the BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 21 June 20, 1995 elevations presented to Council were all taken south of Avenue 50. He stated that a three-foot-diameter pole is replacing a 12-inch pole and although the height is reduced to 85 feet, the three or four 16-foot antennas will extend beyond that. Re felt that the antenna-arrays would be even more obtrusive if the light-arrays are lowered by 10 to 20 feet. Re felt that the Council should improve the already-offensive existing poles. He referred to a Los Angeles Times article that implied a current trend to locate monopoles in commercial shopping centers as opposed to residential areas and urged the Council to request the applicant to consider alternate sites. Mr. Leonard Mandig, said that he recently purchased a home in Painted Cove because of the aesthetic values in La Quinta. He knew that the light standards existed at the school when he purchased his home, but understood that they would be improved. He wasn t aware of the monopole until a few days ago and urged the Council to deny the appeal. There being no one else wishing to speak. the Mayor declared the PUBLIC HEARING CLOSED. Council Member Cathcart asked Mr. Strozier if mini-cell sites would work in this area. Mr. Strozier advised that that technology is used in urban areas where ten-story office buildings are available, but technically it cannot be done at the present time locally. In response to Mayor Pena, Mr. Strozier advised that smaller cell sites are possible, but deferred to Ms. Medha Inamdar, an engineer for AirTouch. Ms. Medha Inaindar, Supervisor of RF Engineering, advised that their cell locations in the valley are approximately ten miles apart as opposed to 1/8 of a mile in Los Angeles because of differences in population density. They have utilized some cell- splitting in this area by locating sites lower in the valley as opposed to the present ones high on the mountains and cell-splitting will expand as the technology changes and their cellular customers increase. Mayor Pena asked if whip-antennas would be used to which Ms. Inamdar responded no. In response to Council Member Cathcart, Ms. Inamdar advised that installation of many cell-sites would be necessary if cells were located upon tall buildings because of the mountainous area. Integration of mini-cell sites with the larger, Edom Hill cell site won't work because cell-phone signals reach for the higher site: The current closest antenna is mounted on a I 10-foot high monopole on Jefferson Street in PGA West. The other sites are at Monroe Street and on top of mountains in the valley. In response to additional questions by Council, Ms. Inamdar advised that to eliminate dropped-calls, cell-site connections are needed to provide an overlap zone. When the BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 22 June 20, 1995 height of the monopole is reduced, so is the overlap zone and connections become impossible when a break-point is reached. She advised that the break-point for this site is 85 feet. Regarding the Civic Center site, she advised that it wouldn't work because the mountains to the north are too high to get around and would block the signal. She then explained why certain locations make it more difficult to angle the signal in an allowable direction. Council Member Cathcart asked if there are any plans to lower the light standards at the school. Mr. Cosper, Public Works Director, advised that the Musco Lighting System recommends a minimum height of 70 feet, but additional information will be obtained through the study referred to by Mr. Ministrelli. in response to Mayor Pena, Mr. Cosper advised that the idea behind the Musco Lighting System is that raising of the pole-height allows directing the lights downward which results in less light spillage and glare. He advised that proper shielding of the ballast also reduces light spillage and glare. Council Member Perkins asked if Coachella Valley Recreation & Park District has been contacted to take advantage of their experience in lighting. Mr. Cosper advised that they haven't because the funding hasn't been approved. Mayor Pena commented that residents are concerned about the pole heights as well as glare from the lights, but it's possible that the light study will result in a recommendation to raise the height of the pole to reduce light spillage and glare. In response to Mayor Pena, Mr. Cosper advised that undergrounding the power lines along Avenue 50 would probably cost three to four times the cost of undergrounding standard utility lines at $100 per foot. The City has not considered that expenditure at the present time. Council Member Cathcart was concerned about approving an 85-foot high pole if the remaining light standards are going to be reduced in the future. Mr. Cosper advised that the light study may result in raising the heights of the poles and reducing the number of them. Council Member Sniff suggested that the lighting problem might be solved by increasing the number of lights and lowering them. He felt that the issue of the lights is a separate issue from the appeal on the monopole. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 23 June 20, 1995 In response to Council Member Bangerter, Mr. Herman advised that it would be up to the applicant to determine the viability of alternate sites. He stated that installation of a monopole at Avenue 50 and Jefferson Street or Dune Palms Road and Avenue 48 would still encroach upon residential properties. In response to Council Member Cathcart, Mr. Herman advised that the School District might install microwave dishes on top of the School Administration Center, but there are no plans to install any monopoles. In response to Mayor Pena, Ms. Mouriquand, Associate Planner, advised that the City's Ordinance allows monopoles to be installed in any zone as long as all setback requirements are met and there are no minimum or maximum height requirements. She felt that the Sports Complex site would be an ideal site based on the environmental assessment and setback requirements. She advised that no additional lights will be installed upon the monopole nor will it emit any noise. In response to Council Member Cathcart, Mr. Strozier advised that the pole base could possibly be smaller on an 85-foot high pole. Council Member Sniff suggested locating the monopole at the School Administration Center. Mr. Guralnick advised that Mr. Ministrelli is willing to fund the cost of a study for alternative sites and he felt that an independent study would be beneficial. Council Member Perkins felt that installation of a new antenna is essential to improve the area's cellular communication and should be allowed somewhere. He has reservations about the concerns raised regarding the lighting at the school when some of the new residential areas were built after the school and playground were already in existence. He suggested trying to obtain a free study on the lighting system from the Recreation District and use Mr. Ministrelli's generous offer of funds for the modifications the study recommends. He felt that changes to the lighting system might reduce the number of poles which would affect the Council's decision on the proposed monopole. He wasn't ready to make a decision on this matter until alternate sites are investigated and the lighting issue studied. He suggested that the matter be continued for two weeks. * Mr. Herman advised that he didn't know how much time the applicant would need to prepare an alternative-site study, but he didn't believe that a lighting study could be done within two weeks. Council Member Perkins advised that he's only looking for a gene?al idea of possible modifications to the lighting system such as redirection of lights or elimination of some of the poles. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 24 June 20,1995 Mr. Genovese, City Manager, advised that a general opinion on the lighting system could be obtained from Musco Lighting. Council Member Sniff was in favor of taking action on the monopole issue now because he felt that it was a separate issue from the lighting system. He also stated that he was sympathetic to the residents who have opposed this project. He felt that more appropriate sites might exist such as City or School District property on Avenue 48. Council Member Perkins felt that a two-week continuance would allow additiona] time for some of the issues to be resolved and noted that a denial would require the applicant to completely start the submittal process all over again. Council Members Bangerter and Cathcart concurred. MOTION It was moved by Council Members Sniff/Perkins to continue the matter of the appeal of AirTouch Cellular CUP 95-019) to July 5, 1995. Motion carried unanimously. MINUTh ORDER NO.95-132. 2. ThNTATIVE TRACT 28149 TO SUBDIVIDE 20 ACRES INTO 84 SINGLE- FAMILY LOTS AND FOUR COMMON LOTS ON THE WEST SIDE OF MADISON STREET AND NORTH AND EAST OF SOUTHERN HILLS ir?? PGA WEST. APPLICANT: KSL LAND CORPO?ON. Mr. Herman, Community Development Director, advised that the applicant has requested approval to resubdivide 20 acres in PGA West into 85 single-family lots which were originally approved for 140 condominiums. Re advised that three major issues were raised at the Planning Commission hearing on May 23rd: 1) Community Pools: The original project called for six common swimming pools, the applicant has proposed three, and the Planning Commission has recommended four. 2) Future HousinQ Plans: The Planning Commission determined that the applicant must return to them for approval if they build any housing units except those recently approved by the Council in the model complex. 3) Golf Cart Access Across Holes 8 and 9: A condition was added that requires the applicant to provide an easement around Lot No.72. He advised that the Planning Commission approved the tract on a 3-1-3 vote. Mr. Chevis Hosea, 56-150 PGA Boulevard, Director of Real Estate for KSL Recreation Corporation, advised that their project represents a significant reduction in density from the previously-approved project with units ranging from 2,000 to 3,600 sq ft as opposed BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 25 June 20,1995 to the minimum 1,200 sq. ft. units previously proposed by Sunrise. They had hoped to reduce the number of common lots and pool areas to three since the reduced number of unitS resulted in additional green space being given to each lot, but they will construct the fourth pool as requested. In response to Mayor Pena, Mr. Rosea advised that conflicting opinions have been received on the actual need for a fourth pool. The pools are built in phases along with the units. Council Member Perkins asked if the lot sizes would accommodate private pools to which Mr. Rosea responded that only one lot would not. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.9547 A RESOLUTION OF THE crrv COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE TENTATIVE TRACT 2S149 TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION AT PGA WEST. It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-47 as submitted. Motion carried unanimously. 3. CONSWERATION OF A GENERAL PLAN AMENDMENT 93?92, AN UPDATE OF THE HOUSING ELEMENT AND CERTIF'ICATION OF ENVIRONMENTAL ASSESSMENT 93-256. Mr. Herman, Community Development Director, advised that the Housing Element has been under development for an extended period of time. It will be submitted to the State for certification following Council adoption. Mr. Baker, Principal Planner, introduced Deborah Rogoff-Ezra and Susan DeSantis from The Planning Center. Ms Deborah Rogoff-Ezra, of The Planning Center, advised that the Housing Element is updated to reduce the City's risk of legal action and enable eligibility for State and Federal grants. She advised that it was updated with the 1990 Census and made compatible with the 1992 General Plan. A letter has been received from the Department of Rousing and Community Development which has determined that the Element is basically in compliance. She advised that. the Element identifies the City's housing needs, inventories its resources, identifies constraints to the housing needs, and identifies and establishes policy in order to maintain and develop housing needs. It also establishes BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 26 June 20, 1995 guideline policies for future decision-making and sets forth a schedule for current and future actions in order to meet the RRNA numbers. Those numbers establish how many households the City should plan to provide for through 1996. The City's actions and programs are looked at in quantified objectives identifying the number of new rental housing projects planned, what current affordable-housing units the City plans to maintain as such, and what resources need rehabilitation to be affordable. She advised that the City is slightly deficient in reaching its RHNA numbers at the present time, but a surplus will exist once the City undertakes its planned programs and its housing needs will be met within the next six-year period. Ms. Susan DeSantis, of The Planning?Center, advised that the State is considering some new approaches to reaching the RHNA numbers, but are looking at more of a performance-based approach that would indicate how the City is utilizing its available resources in comparison to similar cities. She didn't believe that the State would reform their approach in the near future. She felt that the City is in very good stead with the current design of the Housing Element. In response to Council Member Perkins, Ms. DeSantis believed that in terms of the plan, the City's current Housing Element compliance is at 10 on a scale from 1 to 10 even though there are some implementation issues that need sorting out. In response to Council Member Cathcart, Ms. DeSantis advised that the Federal Government is considering downsizing some of its agencies and possibly eliminating the Department of Housing & Urban Development. There have been discussions about consolidating some of the various housing programs into a block-grant approach. She felt that significant changes will be made during the next year and that the State will probably wait until the Federal changes are made before they initiate their own. Council Member Perkins was pleased that such a technical report was easily understood. Ms. Honeywell, City Attorney, clarified that the City rates as a 10'. as it relates to the Housing Element and regional needs, but Redevelopment Law still requires that a large deficit be met. Mr. Baker advised that the Housing Element will be sent to the Department of Housing & Community Development for final certification after it is adopted by the Council and staff will report the results of their final review. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 27 June 20, 1995 RESOLUTION NO.95-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 93-256, PREPARED FOR GENERAL PLAN AMENDMENT 93-092 GENERAL PLAN HOUSING ELEMENT UPDATE). It was moved by Council Members Sniff/Perkins to adopt Resolution No. 95-48 as submitted. Motion carried unanimously. RESOLUTION NO. 95A9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFOINNIA, ADOPTING AN AMENDMENT TO THE HOUSING ELEMENT OF THE GENERAL PLAN BY ADOPTING AN UPDATED HOUSING ELEMENT It was moved by Council Members Sniff/Bangerter to adopt Resolution No.95-49 as submitted. Motion carried unanimously. STUDY SESSION DISCUSSION RELATED TO LARGE VACANT NON-RESIDENTIAL PROPERTY FORMULA, LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 89-1. Mr. Cosper, Public Works Director, gave a brief explanation on how the formula for large vacant, non-residential properties in the Landscape & Lighting Assessment District was derived. During FY 1994/95 the City annexed an area to the south that included large vacant parcels. The County disallowed their inclusion in the assessment district that year because of the timing of the annexation, but numerous complaints regarding high assessments were received from the property owners. He advised that the City attempted to address that problem in the Feasibility Report for the Landscape & Lighting Assessment District for FY 1995/96. The report recommended that the assessment formula for large vacant, non-residential properties be changed by assessing only the first five acres which reduced the assessment on an 100-acre parcel from $5,775 to $288. However, to maintain the level of expenditures proposed in the Assessment District an increase from $35 to $52 in the Citywide EDU rate would have been necessary. On February 7, 1995, Council reviewed the report and directed staff to change the formula to assess the first 20 acres of large parcels which reduced the Citywide EDU rate to $43. He advised that Council directed staff to prepare formula-alternatives after complaints of excessive assessments were received. He reviewed the following formula-alternatives: BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 28 June 20, 1995 1) Maintain the current 20-acre limit, but assess the first acre, if occupied, at the residential rate of 1 EDUlacre as opposed to 1.65 EDUlacre. This would result in the maximum assessment for a large parcel being reduced from $1,419 to $1,391 and would have a minimal impact to the District. 2) Maintain the 20-acre limit, but assess the entire parcel at the residential rate of 1 EDUlacre if occupied. The maximum assessment for a large parcel would be reduced from $1,419 to $860 and would have a minimal impact to the District. 3) Maintain the 20-acre limit, but assess the entire parcel at the residential rate of I EDUlacre whether occupied or not. The reduction would be the same as Alternative 2, but the District would be impacted by approximately $60,000 because the change would affect more parcels. 4) Adjust the acreage limit downward. The impact to the District would vary as the acreage limits are lowered. As an example, the maximum assessment for a large parcel at the five-acre limit would reduce the assessment from $1,419 to $354.75 and would impact the District by $160,000. 5) Create a subzone with a lower rate for the newly-annexed area since it receives less benefit from the District by being so far south and is mostly undeveloped land. He advised that a public-hearing process would be necessary to implement any of the alternatives and that insufficient time exists to do so before the tax roll assessment- recording deadline. Council Member Cathcart asked what risks would be involved if the City made the changes without a public-hearing process. Ms. Honeywell, City Attorney, adyised that the entire assessment could be challenged as being invalid. In response to Council Member Bangerter, Mr. Cosper confirmed that Alternative 2 would have a minimal impact to the District, but advised that a public hearing would be necessary to implement it at this time. In response to Council Member Cathcart, Ms. Honeywell advised that refunds would be difficult to justify, but would investigate that possibility. She advised that the formula alternatives could be considered by the engineer for next year's assessment. Council Member Perkins felt that the alternatives should be considered next year. Council Member Sniff asked how many large parcels there are and Mr. Cosper advised there are approximately 20. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 29 June 20, 1995 Council asked the City Attorney to research the matter of how the assessment can be changed and how refunds could be made. Council Member Cathcart wished to go on record to state that no alternatives can be implemented this year because the Council failed to consider this action at its last meeting. DEPARTMENT REPORTS continued C-i. COUNCIL'S SUMMER SCHEDULE. Mrs. Juhola, Administrative Services Director, advised that an outline of Council's previous summer schedules is included in the staff report and requested their direction for this year's schedule. Council concurred on canceling the August 15th and September 5th Council meetings. MAYOR AND COUNCIL MEMBERS' ITEMS 1. Mayor Pena asked that a Closed Session item be agendized on the Redevelopment Agency Agenda for the June 22nd meeting regarding the Historical Society. Council concurred. 2. Council Member Perkins felt that the pool illustration on the Parks & Recreation brochure was offensive because it appears that the City is putting on the program instead of the YMCA. Council Member Cathcaat concurred. Council Member Bangerter felt that the intent of the brochure was only to promote the program and advised that the City is subsidizing part of the program. Council Member Perkins believed that all such printed materials should be approved by the Council before distribution. Re felt that the present problems regarding the pool issue wouldn't exist if the questionnaire had been reviewed by the Council first. 3. Council Member Sniff requested that the pool issue be agendized on July 5th to discuss the possibility of placing it on the September ballot. Council recessed to Redevelopment Agency mee$ing. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 30 June 20.1995 Council reconvened and recessed to Financing Authority. Council reconvened and recessed to Closed Session. CLOSED SESSION.................continued 1. Conference with legal counsel regarding anticipated litigation pursuant to Government Code Section 54956.9(B) two cases). 2. Conference with labor negotiator Tom Hartung regarding negotiations with the City of La Quinta City Employees Association pursuant to Government Code Section 54957.6. 3. Public employee appointment Parks & Recreation Director pursuant to Government Code Section 54957. 4. Public employee performance evaluation Council-appointed position of City Manager pursuant to Government Code Section 54957. Council reconvened to regular session with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). BUSINESS SESSION. continued S. CONTINUATION OF CONSIDE?ON OF RESO?ON DENYING WITHOUT PREJUDICE, THE CABLE TELEVISION I'AANCHISE NSFER REQUEST. Ms. Honeywell, City Attorney, advised that the Council had before it a resolution that would transfer to the City Manager the ability to deny without prejudice the Cable Television Franchise Transfer Request. In the event that certain specified items in the resolution are not met by the June 30, 1995 deadline, staff recommended that Council adopt this resolution as it gives the City the last possible minute to consider whether Colony CableVision has met the requested items to allow the City to approve the transfer. BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02 City Council Minutes 31 June 20, 1995 RESOLUTION NO.95-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALWORNIA, ACCEPTING, FOR THE PURPOSE OF REVIEW, THE FCC FORM 394 SUBMITTED BY PROVWENCE JOURNAL RELATING TO A FRANCifiSE TAANSFER AND PRESCRIBING CERTAIN PROCEDURES RELATING HERETO. It was moved by Council Members Sniff/Cathcart to adopt Resolution No.95-SO as submitted. Motion carried unanimously. Council recessed to Closed Session. CLOSED SESSION....................c6ntinued 2. Conference with labor negotiator Torn Hartung regarding negotiations with the City of La Quinta City Employees Association pursuant to Government Code Section 54957.6. 3. Public employee appointment Parks & Recreation Director pursuant to Government Code Section 54957. 4. Public employee performance evaluation Council-appointed position of City Manager pursuant to Government Code Section 54957. Council reconvened with no decision heing made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). There being no further business, the meeting was adjourned. Re City of La Quinta California BIB] 12-12-95-U01 03:52:56PM-U01 CCMIN-U02 06-U02 20-U02 95-U02