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1994 07 05 CC MinutesW LA QUINTA CITY COUNCIL MINUTES JULY 5, 1994 Regular meeting of the La Quinta City Council on July 5, 1994 was called to order at the hour of 3:00 p.m. by Mayor Pena. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/McCartney to approve the City Council Minutes of June 20, 1994 as submitted. Motion carried unammously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Fred Bouma, Associate Engineer, with a plaque expressing the City's appreciation for being chosen Employee of the Month for the month of June. Council Member Perkins made a presentation to Council Member Bangerter commenting on her ability to keep things running smoothly on the City Council. PUBLIC COMMENT None WRITTEN CORRESPONDENCE a. Letter from Arteach Foundation regarding funding for valley-wide art program. Council Member Perkins stated he did not believe there was sufficient information within the letter for the City to consider the request, noting that there is not even a phone number or address on the letter. Council Member McCartney noted there was also a discrepancy within the letter BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 2 July 5, 1994 regarding the school grade levels the program is designed for. Mayor Pena requested the City Clerk contact the author of the letter and request clarification. b. Letter from City of Palmdale regarding 5(Prop. 172). Noted and filed. BUSINESS SESSION CONSIDERATION OF SUBMITTAL OF A GRANT TO THE OFFICE OF CRIMINAL JUSTICE PLANNING FOR A YOUTH COUNSELOR. Mr. Bohlen, Parks and Recreation Director, advised that the proposed grant application will be submitted to the Office of Criminal Justice Planning OCJP) for their consideration to fund a Youth Counselor position for the City. The position could work in conjunction with the proposed School Resource Officer position with the purpose of educating students in the Kindergarten through Grade 5 level on gang violence and prevention, as well as working with middle school students with community service and youth diversion programming, and family and youth counseling relating to gang involvement. The grant request is a half-year program due to the position not being filled until January 1995. This type of grant usually is operated on a three-year cycle and if this grant is approved, there may be grant funds available during the next two years that can be applied for. The total amount of the requested half-year grant is $43,362. Council Member Bangerter asked Staff if there are any matching funds required and if the City would be obligated to carry on the program without future grant funding. Mr. Bohlen stated there are no matching funds required and there would be no obligation to continue according to the State's RFP but that the application did request to know how the program would be funded in the future and the answer to that question might have an effect on any approval from the State. Council Member Perkins stated he thought the grant had good potential to be approved and expressed concern that the position work closely with the School Resource Officer to coordinate efforts. Council Member McCartney suggested that the statistical information provided in the grant application be verified wherever possible by surveys or Sheriff's Department reports to assure the State of their reliability. He also suggested BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 3 July 5, 1994 that a letter of support be requested of the Sheriff's Office and that our representatives in Sacramento be contacted to support the grant. MOTION It was moved by Council Members Sniff/Bangerter to approve the grant application to the Office of Criminal Justice Planning to fund a Youth Counselor position. Motion carried unanimously. MINUTE ORDER NO.94-163. 2. CONSIDERATION OF FUNDING REQUEST FROM COMMUNITY CONCERTS OF LA QUINTA FOR $5,000 FOR FY 1994/95. Council Member Bangerter stated she was in support of the Community Concerts but was frustrated with the delay in the funding process caused by the disbanding and forming of the City's various commissions. She said that the reason she voted no?' on the FIND request at the last meeting was because she believes they should have received something if the ability to do so was there). She noted that in previous discussioris it seemed that part of the contingency fund was set aside for grants and partly for things that may come up outside of the grant process. In response to Council Member Bangerter, Mr. Genovese advised that no final decision had been made in use of the contingency fund and that the process does allow approving of grant funding in advance of the grant-funding process as well as after the grant- funding process. He stated it is at the discretion of the Council. Council Member Bangerter said she believed that since the Council had started the process of having everyone return with applications, that process should continue. Council Member Sniff remarked that last year, there was $25,000 set aside for the grant process and an additional $15,000 for a legislative contingency fund to be used at the discretion of the Council throughout the year. He felt that the Council should stay with something similar this year. He added there are more requests than there are funds available and; therefore, the requests need to be reviewed at the same time and prioritized for approval in late September or early October. He believed that a $15,000 contingency fund needs to be kept available for requests as the season!year progresses. Council Member Perkins stated the problem with waiting until September or October to review the requests is that programs like the Community Concert program would like to begin with the new school season and need time to prepare their programs for the schools. He supported approval of the request at the present time and not delaying until the Fall. Mayor Pena responded with support for the program but did not support approving it BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 4 July 5, 1994 until all of the requests are in, giving adequate review for all applications. He also added that the current request does not clarify how the funds requested would be used. Council Member Perkins stated that the group had given a presentation to the Council previously and he felt they were planning the same outreach program. He reiterated his support of the program noting it is a La Quinta program. Council Member McCartney expressed support of the program but also voiced concern for the lack of documentation for planned use of the funds. He, too, shared Council Member Bangerter's frustration with the time delay. He also referred to the previous action of the Council regarding the request of FIND stating that is an organization in real need of funding and would like to see them come back before Fall. He questioned the process of waiting until all of the requests are in. He felt that the need of Community Concerts is immediate as was FIND's request and saw no reason to wait to make a determination on funding. He agreed with Council Member Sniff's comments on the need to set limits and to make prudent decisions about money that is spent and how Council also needs to think about how some of these groups can be self-funded in the future. Council Member Sniff repeated his view that all requests should be reviewed in the Fall noting that the City of La Quinta is not the only funding source available to the applicants. Council Member McCartney stated that although the group in question had kept the Council up?to-date on all their previous activities, their application still lacked definition of this year's plans for the funds and wished to continue this request until more detail is received. Council Member Sniff said the Council has approved an application form for funding requests and this form should be required to be completed. Mayor Pena agreed with Council Member Sniff regarding the application requirement. He questioned Mr. Bohien about the deadline for returning the applications. Mr. Bohlen answered that under the current plans, the applications would be mailed out September 1st and are due by September 19th. He added that they could be mailed out earlier to speed up the process if the Council so directed. Mayor Pena stated he thought it would be a good idea to speed up the process. Council Member Perkins restated his support in approving the request now as opposed to making the applicant wait until September. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 W City Council Minutes 5 July 5,1994 MOTION It was moved by Council Members PerkinslMcCartney to approve the request for $5,000 for the Community Concerts of La Quinta. Council Member Bangerter stated that this process is very frustrating because the Council wishes to help everyone which makes this a difficult process. She was supportive of moving the process up because she was frustrated at the last meeting at not being able to help an organization that deals with human suffering. Because there have been many worthy organizations come to the Council for funding, she could not feel as supportive of the Community Concert Association as she did not feel that the Council could put one organization over another at this time. Mayor Pena expressed concern that approving applications ahead of time could send a signal to the organizations that it is a first-come, first-served" process. He supports the program but wished to wait until all applications are received in September. Council Member Sniff agreed it would be better to wait until September when the other applications are received and review them at the same time. He suggested that Staff be directed to send out applications with an August 1st deadline and have the applications screened and presented to Council at the September 20th meeting. Council Member Perkins said the time delay would only be brought forward by two weeks which was not sufficient. He said that if applications could be reviewed at the August 2nd meeting he would withdraw his motion. Mr. Bohlen advised that a letter had been mailed informing proposed applicants of the grant process as previously approved by Council, but applications could be mailed earlier with a letter explaining the earlier deadline. Council Member Sniff said that moving up the deadline now could be a problem for those who might be away for the summer and he did not believe it was necessary. Council Member McCartney said the present timing issue is due to the policy change, which is consistent with most transition periods after a policy change, and believed the City should make an effort to speed up the process wherever possible. He suggested Staff make telephone contact to the applicants, advising them of a change in the deadline. The initial $25,000 available could be used for applications received in August and Council would still have the $15,000 contingency fund to use for later applications. Mayor Pena stated he did not sense a state of urgency within the applicant's request and did not believe the first event was held until December last year. Council Member McCartney reiterated his desire to review all applications received by August 2nd with the balance being reviewed September 20th, thus taking care of any BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 6 July 5,1994 time sensitive" grants in an appropriate time-frame. He said he believed some of the applications already received were time sensitive" and should not have to wait until September to be acted on. Council Member Sniff then expressed concern that a change in the process schedule would be confusing to the applicants and the original schedule should be kept. He asked Staff for a copy of the letter which had been mailed to the applicants. Motion failed with Council Members Bangerter/Sniff and Mayor Pena voting NO. MINUTE ORDER NO.94-164. Mayor Pena requested Staff to obtain a copy of the letter for Council to review at which time the Council would again reexamine the issue. See Page 9) 3. CONSIDERATION OF A RESOLUTION DECLARING THE CITY'S INTENTION TO VACATE A FIVE-FOOT WIDE PUBLIC UTILITY EASEMENT SV 94-026) ALONG THE NORTH SIDE OF LOTS 15 AND 16 OF SANTA CARMELITA VALE LA QUINTA UNIT 17) GENERALLY LOCATED AT THE NORTHEAST CORNER OF CALLE CHIHUAHUA AND AVENIDA MONTEZUMA. Mr. Herman, Planning and Development Director, advised that the Resolution sets the Public Hearing for August 2, 1994 at which time the Council would deliberate the request to vacate the public utility easement. RESOLUTION NO.94-45 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DECLARING THE CITY'S INTENTION TO VACATE A FIVE-FOOT WIDE PUBLIC UTILITY EASEMENT ALONG THE NORTH SIDE OF LOTS 15 AND 16 OF SANTA CARMELITA AT VALE LA QUINTA UNIT 17) GENERALLY LOCATED AT THE NORTHEAST CORNER OF AVENIDA MONTEZUMA AND CALLE CHIHUAHUA AND SETTING A PUBLIC HEARING. It was moved by Council Members SnifflMcCartney to adopt Resolution 94-45 as submitted. Motion carried unanimously. 4. SECOND READING OF ORDINANCES. ORDINANCE NO.250 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 7 July 5, 1994 CALIFORNIA ESTABLISHING A HUMAN SERVICES COMMISSION. It was moved by Council Members Sniff/Bangerter to adopt Ordinance No. 250 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO.251 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING 9.155 OF THE LA QUINTA MUNICIPAL CODE, ZONING ORDINANCE AMENDMENT 94-043 REGARDING RECREATIONAL VEHICLES/TRAVEL TRAILER RESORTS. Mr. Herrnan, Planning and Development Director, advised that modifications to the ordinance includes: 1) the term consecutive" days should be noted under 9.155.020 Definitions) and; 2) a clarification that storage can only occur and be used by persons staying at the resort during their stay. He stated that if the Council wanted to include the above changes, it should be reflected in the record. Council Member Perkins requested that wording also be changed under Section 9.155.070 Development Standards), Sub-Section A-17 to read Use of generators shall not be allowed in the resort Council concurred. It was moved by Council Members SnifflMcCartney to adopt Ordinance No.251 as amended on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None ORDINANCE NO.252 AN ORDINANCE OF THE COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA REGARDING AMENDING THE OFFICIAL ZONING MAP OF BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 8 July 5,1994 THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 94-076 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION. It was moved by Council Members Srnff!McCartney to adopt Ordinance No.252 on second reading. Motion carried by the following vote: AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTAIN: None ABSENT: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JULY 5, 1994. 2 APPROVAL OF OUT-OF-TOWN TRAVEL AUTHORIZATION FOR MAYOR TO ATTEND THE MAYOR'S AND COUNCIL MEMBER'S EXECUTIVE FORUM AND ELECTED OFFICIALS REDEVELOPMENT SEMINAR IN MONTEREY, CALIFORNIA, JULY 27-30, 1994. 3. APPROVAL OF ADDITION OF FULL-TIME MANAGEMENT ASSISTANT TO THE ALLOCATED POSITIONS. 4. APPROVAL OF AGREEMENT WITH RIVERSIDE COUNTY OFFICE ON AGING FOR TITLE V PROGRAM. 5. APPROVAL OF 2% COST OF LIVING ADJUSTMENT TO ALL NON- REPRESENTED CITY EMPLOYEES WITH THE EXCEPTION OF THE CITY MANAGER AND DEPARTMENT DIRECTORS. 6. REJECTION OF CLAIM FOR DAMAGES FILED BY GRANITE CONSTRUCTION COMPANY, DATE OF LOSS FEBRUARY 25, 1993. MOTION It was moved by Council Members SnifflMcCartney to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.94- 165. Mayor Pena stated he would give a written and oral report of the Executive Forum and Redevelopment Seminar in Monterey and offered to bring back tapes or written material on any items of interest to other Council Members. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 9 July 5, 1994 STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS Written reports were received from Finance Director, Parks and Recreation Director and Public Works Director. BUSINESS SESSION...........continued 2. CONSIDERATION OF FUNDING REQUEST FROM COMMUNITY CONCERTS OF LA QUINTA FOR $5,000 FOR FY 1994-95. Mr. Bohien distributed copies of the mailed letter referred to earlier during the Business Session of the Council meeting regarding the application filing and review process for grant funding. In response to Mayor Pena, Mr. Bohlen advised there would be no problem with moving up the process period or Council could review the applications case-by-case? as they are received. Council Member Sniff believed that the process previously decided upon by the Council should be continued. Council Member Perkins said he would like to see a second notice be mailed Out informing proposed applicants of an earlier deadline of September 1, 1994 for receiving applications. Council Member Bangerter asked Staff if any record exists of the phone calls made to Parks and Recreation inquiring about the process time schedule, noting that lack of being able to contact those who called could be a problem in changing the schedule at this time BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 10 July 5, 1994 Mr. Bohien answered there was no log kept but was certain they were included on the mailing list because they were past grant recipients. Council Member Sniff questioned Staff about the time needed for the screening process before presenting the applications to Council. Mr. Bohlen responded that the time period could be narrowed down to a week, allowing time for any necessary contact with the applicants for clarification, if needed. Mayor Pena recommended setting a deadline of September 5, 1994 for applications to be received and then reviewed by the Council on September 20, 1994. Council Member Mccartney agreed with Mayor Pena adding that applicants should be encouraged to return their applications as early as possible giving more time for screening. Council Member Perkins concurred. In response to Council Member McCartney, Mr. Bohlen explained that the initial plan was to advertise in the September issue of the City/Chamber of Commerce Newsletter, as there will not be an August issue published. Council concurred that there be no advertising of the grant program. MOTION It was moved by Council Members Bangerter/Sniff that the Council refer the Community Concerts of La Quinta funding request to the Community Services grant- funding process. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO.94-166. MOTION It was moved by Council Members Bangerter/Sniff that Staff be directed to revise the schedule for the grant process as discussed. Council Member Perkins felt that the motion should be more precise. Council Members Bangerter/Sniff withdrew their motion. MOTION It was moved by Council Members Bangerter/Sniff to direct Staff to send a letter to the applicants indicating that the RFP should be responded to no later than September 5, 1994, so that the screening process can begin and that the remaining process be moved forward as well. Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO.94-167. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 11 July 5, 1994 MAYOR'S AND COUNCIL MEMBER'S ITEMS 1. DISCUSSION OF EAGLE MOUNTAIN OVERSIGHT COMMITTEE. Mayor Pena advised that CVAG is looking for applications for the Eagle Mountain Landfill Oversight Committee which the Board of Supervisors is establishing. The deadline for receiving applications has been extended due to the limited number of applications having been received. Council concurred on notices being Sent to all CommissionlBoard/Cornmittee members as well as the La Quinta Chamber of Commerce and the La Quinta Arts Foundation. Council Member McCartney noted that in Wheeler's Desert Letter, La Quinta showed an increase in new building valuations of 297% from May 93 to May 94 with the year-to-date figure being 129%, leading the valley. The publication also reports La Quinta issued 67 single- family home permits valued at $8.4 million. Council Member Perkins believed the City should inform the public through the Chamber of Commerce, of ways to prevent the Killer Bees" from nesting in attics, such as installing screens over attic pipes. Mayor Pena suggested that Staff could notify residents through the Building Department as they issue permits. Mr. Genovese advised that flyers could be made available through both the Building and Safety and Animal Control counters, as well as the September issue of the newsletter. Council Member McCartney wished to see a thank-you letter written by the City to two firefighters who assisted a woman in an emergency situation. After a brief discussion, the Council agreed that a record should be kept of all such actions by citizens, either professional or non-professional, for the purpose of recognizing them with some type of award or letter of commendation once a year. The City Clerk was directed to begin this record with the current action of these two firefighters. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Closed Session and until the hour of 7:00 p.m. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 12 July 5,1994 CLOSED SESSION 1. Conference with Real Property Negotiator Tim Ealey southwest corner of Highway 111 and Jefferson Street Midland Properties negotiations for proposal for commercial development including price, term of payment pursuant to Government Code Section 54956.8. 2. Conference with Legal Counsel Existing Litigation IriMerit Bank pursuant to Government Code Section 54956.9. 3. Conference with Real Property Negotiator Don Martin pursuant to Government Code Section 54956.8 re: potential acquisition of Village Community Park. 7:00 P.M. PRESENTATIONS Prior to beginning the public hearing, Mayor Pena, on behalf of the City Council, presented plaques and expressed appreciation to the following members of the Community Services Commission: Larry Best, Norris Bernard, Aldine Dickens, Susan Francis, Nancy Nard, and B.J. Seaton. Marion ElIson, out-going Planning Commissioner, and Gordon Van der Boom, Coachella Valley Mosquito Abatement District, were not present to receive their plaques. SWEARING-IN OF NEW COMMISSIONIBOARD/COMMITTEE MEMBERS Mrs. Juhola, City Clerk, proceeded to administer the oath of allegiance to the new Planning Commissioners, Cultural Affairs Commissioners and Parks and Recreation Commissioners. Mayor Pena acl:nowledged the new committee members, who were present, for the following committees: Arts in Public Places Committee and Investment Advisory Board. He extended appreciation, on behalf of the City and Council, for the service that the members of each CommissionlBoard/Committee will provide to the community. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 W City Council Minutes 13 July 5, 1994 PUBLIC HEARING PUBLIC HEARING LANDSCAPE AND LIGHTING DISTRICT 89-1. Mr. Cosper, Public Works Directodcity Engineer, advised that the Council bad previously approved a Preliminary Engineer's Report on May 3, 1994 for Landscape and Lighting Assessment District 89-1 for Fiscal Year 1994/95. A public meeting was held on June 2, 1994. He stated that Staff had received approximately 75 letters and phone calls from 36 different individuals, which were in protest of the assessment amounting to a 0.51% protest against the assessment. There were 45 property owners in attendance at the June 2, 1994 public meeting where a 30-minute presentation was made by Staff. He said there were three consistent issues raised by those attending or responding to the proposed assessment. The first issue dealt with field verification requests for properties receiving high assessments this year. There were 12 field verification requests received of which 6 required adjustment. The second issue was the fees in the newly-annexed area in south La Quinta which were exceedingly high compared to property taxes in the area. He stated the formula that had been applied in the Engineer's Report, because of the large acreage in those areas, may not have applied the assessments in a fair manner. The third issue was the fees in the Highway 111 North Zone Zone D) which seemed very high compared to other sub-zones in the district. He stated that Staff recommends the following modifications to the Engineer's Report that reflects the following: 1) cOrrect the field verified adjustments to the six assessments for a total of $4,271.75; 2) eliminate FY 1994-95 assessments in the newly-annexed area, totaling $40,939, but closely analyzed for next year; 3) reduce the assessments in the Highway 111 North Zone Zone D) from $43 to $21 for a total of $12,958. He remarked that the total impact on the recommendation as outlined in the fiscal implication is a reduction of $58,000 in expected revenues from the Assessment District and it is anticipated that fund reserves would be used to replace the lost revenues. He said that for FY 1995-96, the Engineer's Report will begin in October 1994, and will completely analyze all of the sub- zones and the procedures and policies that have been used in the past in setting up the assessment fees. The report would then, upon direction of the Council, be returned back to the Council for recornmendation three or four months earlier than previously done in the past. The Mayor declared the PUBLIC HEARING OPEN. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 14 July 5, 1994 Mr. Dick Lutz, Vice-President of PGA Homeowners Association, proposed that the Council eliminate all sub-zones and have the assessment fees divided equally among all the EDU's due to lack of proof that any sub-zone has exclusive use of the categorized items. He also believed the 85% increase in the overall assessment was excessive. Mr. Greg Butler, 54-120 Avenida Madero, read a few statements from the Public Works lett?r dated May 16, 1994 and stated he disagreed with them. He believed the statement, well maintained landscaping increases property values", was very subjective and not accurately measurable and he maintained that property values are more determined by land availability. Secondly, he objected to the statement, maintenance of landscape improvements is a very important service" arguing that the residents should make that decision and not City agencies. He further disagreed there are specific benefits to any specific. sub-zone areas, noting he lives in sub-zone C and receives no benefit from the Fritz Burns Park, Sports Complex or Senior Center. He also objected to the statement regarding some of the city-wide benefits being various special projects", and believed all projects should be defined given that his assessment has increased 65%. He added he is a firm believer in limited and not run away" government and is grateful when Council Members are reluctant to spend the resident's tax dollars on non-emergencies such as this. He read another statement from the Public Works letter which stated a protest by the owners of a majority of the property within the district will cause the proposed increase in the assessment to be abandoned" and stated he believed it should read in absence of the support of a majority of the property within the district will cause the proposed increase in the assessment to be abandoned". He requested the Council to abandon the increased assessment. Mr. Robert Tyler, of 44-215 Viletta Drive in Zone D, stated he was in opposition to the Assessment District as defined. He believed the term Maintenance" should be included with the title of the Assessment District since that is the intended use of the funds as opposed to funds actually being used for installation of landscaping or lighting. He believed the current landscaping is not being properly maintained. He agreed with Mr. Lutz that the special sub-zones should be eliminated because they are controversial and divide parts of the city into second-class neighborhoods. If the sub- zones are not eliminated, he requested that Zone D, described as Highway 111 North, be redefined to include all the districts in that area. He believes that all 11 developments in that area should be included and not just the four currently defined to be in that sub- zone. This would increase the total residential sites in Zone D from 588 to 1,877 giving a better basis for proportioning the costs of the zone. He expressed appreciation for Staff's recommendation that Zone D fees not be used to pay for half of Palm Royale Park landscaping and lighting maintenance. He reiterated his complaint that the current BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 15 July 5, 1994 maintenance of landscaping and lighting is inadequate due to dead plants and grass, weeds, and broken lights Ms. Carolyn Lair, of 53-648 Avenida Ramirez, expressed her willingness as a property owner to pay the assessment. Ms. Grace Houser, of 5521 Vista Montana, stated opposition to the increase in the assessment due to the fact that landscaping is assessed to her through her development's homeowners association. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Perkins questioned Staff about the amount of the reduction already recommended by Staff. Mr. Cosper responded that the Assessment will remain at $35 EDU's, but the collected amount would be reduced by $58,168. In response to a clarification requested by Council Member Perkins, Mr. Cosper stated the proposed assessment does not include any capital funds to construct landscaping along Eisenhower Drive from Washington Street to Avenue 50. Council Member McCartney asked Staff about the creation of the special zones. Mr. Jeff Cooper, a consultant from BSI, responded that the three zones were a part of the original Assessment District which has not been modified since its formation in 1989. Council Member McCartney suggested it might be time to reassess the special zones due to the city's growth. Mr. Cooper concurred, adding that special zones usually are not changed unless there are significant changes. The changes experienced here have been gradual over the last five years. Council Member McCartney agreed the changes have been gradual, but believed it is time to reevaluate the zones. Council Member Sniff expressed his belief there is no greater sensitive issue between a citizen and his government than assessments and taxes, stating that assessments and taxes need to be fair, easily understood, and justified. Noting he was opposed to the formation of the sub-zones when originated, he suggested that sub-zones be eliminated at this time and maintain only city-wide assessments due to the difficulty in explaining and justifying them. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 16 July 5,1994 Council Member Perkins encouraged a city-wide assessment and believed that there is a problem with the Highway 111 North?' sub-zone. He advised that he lives in a gated community and their homeowner's association maintains the landscaping along Washington and Eisenhower at no cost to the City and there has to be some kind of a balance. He understood the engineering problems in developing assessments, but it is difficult for the residents to understand why one particular area is paying more than others. He wished to see the City concentrate on a city-wide assessment for the future. In response to a question from Council Member Perkins, Mr. Cosper advised that the City has one contractor who handles the landscaping maintenance. Council Member Perkins understood the City's policy is to contract with the low bidder but he wasn't sure that was a good idea because the landscaping hasn't been properly maintained. Mayor Pena believed that the Council is recognizing that certain things must change as the community changes and grows and agreed with the City Engineer that it is time to take another look at the way in which this District is formed. The Council has listened to the residents assessments were not increased last year. There has been a lot of confusion in how the zones were created and how they are being assessed. He felt that there is good reason to direct the staff to come up with an equitable solution so that everyone is getting value for their dollar. Council Member Bangerter stated she has great difficulty with assessment districts. She was very supportive of a City-wide assessment and asked what the ramifications would be of going City-wide at this time. Mr. Cosper advised that if the city-wide assessment was kept at $35 perIEDU and the three sub-zones were dropped, the revenue reduction would amount to $130,000. In response to Mayor Pena, Mr. Cooper advised that if the assessments were frozen at last year's rates, the assessments would be similar to what is being proposed except that Zone D would drop because the zone charge for the Cove and PGA West is very similar to last year's. Mr. Cosper pointed out there are two fees. A city-wide fee of $35 and then the Cove has a sub-zone fee of $8, totaling $43 for the assessment fees for that zone. Last year, the sub-zone fee was $8 with a city-wide fee of $18. The north La Quinta zone was $26 last year and proposed for $43 this year. PGA West was $12 last year and proposed for $11 this year. He stated that if the assessment district was kept at $35 perIEDU for city- wide assessments and made the other reductions for field verifications and the dropped- annexation area, the total reduction in revenue to the assessment district would be $175,000. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 17 July 5, 1994 Council Member Perkins requested Staff to clarify the amount of the reduction if the city-wide assessment and the three zones were kept at last year's level. Mr. Cooper responded that the majority of the increase in the Cove and PGA West is from the city-wide assessment, with very little difference in the sub-zone charges from last year. In comparing the PGA West assessment over the last two years, last year's single-family property assessment was $30 and this year is proposed for $46. This year's amount includes a $17 increase in the city-wide assessment which is the amount of increase for all city-wide assessments. The sub-zone charge for the Cove last year was $8 and this year is $8. He stated that if those were left, as per the report, and drop Highway 111 North down to similar to what it was last year, the Council would be accomplishing what they're suggesting. Mayor Pena asked Staff if the fee for Zone D of $43 was being suggested to be $21. Mr. Cooper advised that the $21 is less than last year's sub-zone charge for Zone D but the total amount increases because of the increase in the city-wide assessment. He said that if Council approves the city-wide assessment of $35 and set the sub-zones at the same rate as last year, the sub-zone charge for Highway 111 North would be lowered, plus the adjustments for field verifications, plus eliminating the annexation charge for this year. Council Member McCartney said he was not ready at the present time, to eliminate the sub-zone concept but felt it needs further study bringing everything up-to-date. He voiced concern that areas with smaller representation, such as 500 to 1800 in Zone D, may not have their special needs met, being a minority. The reason sub-zones are created is to make sure special developmental needs are known. He supported a city- wide assessment fee, keeping the zones the same for the Cove and PGA West and reducing the Highway 111 North zone back to last year's amount. Council Member Perkins asked Staff if the information mailed to property owners included the proposed reduction. Mr. Cosper said it did not. Council Member Sniff reiterated his support of adopting a city-wide assessment only, eliminating all sub-zones, now and in the future. Mayor Pena asked what the revenue loss would be to go city-wide at this time. Mr. Cosper advised that the total revenue loss would be $130,000, plus another $45,000 from the other recommendations, totaling $175,000 in loss of revenue. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 18 July 5, 1994 Council Member Perkins disagreed with Council Member Sniff's recommendation for the change this year but suggested it might be possible for next year. He stated the City is already having to use some of the reserves and Staff is proposing reducing the assessments further by dropping ffie new annexation area amounting to $40,000, making field verification adjustments totaling $4,200, and reducing the Highway 111 fees from $43 to $21. Council Member McCartney concurred with Council Member Perkins. Council Member Sniff asked what the revenue loss would be if the assessment was city- wide and made no other changes. Mr. Cosper advised it would be $130,000. Council Member Sniff asked how much was in the reserve account to which Mr. Cosper responded there was an estimated balance on June 30th of $157,000. In response to Council Member Perkins, Mr. Cosper advised that Staff's current recommendation in reductions amounts to $58,168. Mr. Cooper wished to clarify that Staff's recommendation in the staff report was that Zone D be dropped from $43 to $21. If last year's amount is used, it would be reduced to $26, not $21. He also verified for Mayor Pena that last year's amount for PGA West was $12 and this year is $11. Mr. Cooper said the sub-zones would have to remain at $8 for the Cove and $11 for PGA West but could reduce the $43 to either $26 or $21 In response to Council Member Bangerter, he advised that if the fees were froze to last year's amounts, the fee this year for Zone D would be $26 plus the $35 city-wide fee. Staff's recommendation was to reduce the sub-zone fee to $21, a greater decrease than freezing the amount. RESOLUTION NO.94-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR LANDSCAPE AND LIGHTING DISTRICT 89-1, FISCAL YEAR 1994/95. It was moved by Council Member Perkins to adopt Resolution No.94-46 pursuant to a modified Engineer's Report approving the following: 1. Field verification adjustments to assessments totaling $4,271.75; 2. Eliminate FY 1994/95 assessments in the newly-annexed area totaling $40,939; and BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 W City Council Minutes 19 July 5, 1994 3. Reduce the assessments in the Highway 111 North Zone D from $43 to $21 totaling $12,958. Motion failed for lack of a second RESOLUTION NO.94-46 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENT FOR LANDSCAPE AND LIGHTING DISTRICT 89-1, FISCAL YEAR 1994/95. It was moved by Council Members Sniff/Bangerter to adopt Resolution No. 94-46 amending the language to eliminate all sub-zone assessments. In response to Mayor Pena, Mr. Cosper advised that the loss of revenue from the stated motion would be $135,000. Ms. Honeywell, City Attorney, asked for clarification that the intent of the motion is not to include the staff's recommendations relative to field verifications and the newly- annexed area. Mayor Pena advised that is correct. In response to Council Member Bangerter, Mr. Cosper advised in going city-wide, the loss in revenue would be $135,000. To go city-wide and addressing the staff's recommendations, the loss in revenue would be $175,000. Motion carried by the f?)llowing vote: AYES: Council Members Bangerter, Sniff and Mayor Pena NOES: Council Members McCartney, Perkins ABSTAIN: None ABSENT: None Ms. Honeywell, the City Attorney, announced that the Council did conclude a Closed Session under Goverr:rnent Code 54956.8, concerning an exclusive negotiating agreement with Midland Properties and voted unanimously to extend that exclusive negotiating agreement for an additional 30 days to the overall agreement as well as 30 days to perform certain reports and information that needs to come back to the Council. BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02 WCity Council Minutes 20 July 5, 1994 The re being no further business, the meeting was adj ouined Respectfiilly submitted SAUNDRA L JUHOLA City Clerk City of La Quinta California BIB] 01-18-96-U01 03:45:16PM-U01 CCMIN070594-U02