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1993 06 15 CC Minutesl LA QUINTA CITY COUNCIL MINUTES JUNE 15, 1993 Regular meeting of the La Quinta City Council was called to order at 3:00 P.M. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Hangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA APPROVAL OF MINUTES It was moved by Council Members Sniff/Bangerter that the Minutes of May 18 and June 1, 1993 be approved as submitted. Motion carried unanimously. ANNOUNCEMENTS Council Member McCartney announced that as of the next Council meeting, the Council's agendas will be broadcast through closed-circuit television at PGA West. PUBLIC COMMENT WRITTEN CORRESPONDENCE a. Letter from Riverside County Child Care Consortium requesting financial assistance. Doris Mechanick, Coachella Valley Child Care Coordinator, addressed the Council and expressed her appreciation for the Council's commitment to child care in referring to the City's joint venture with the YMCA. She advised that the Riverside County Child Care Consortium will be requesting financial assistance and would appreciate the Council's consideration. Council concurred on discussing this matter during budget review BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lb. Letter from La Quinta Sports & Youth Association regarding La Quinta Sports Complex lighting. Danny Johnson, President of the La Quinta Sports & Youth Association, presented the Association's request to use the lighting at the Sports Complex later than 10:00P.M. for the post-season Alistar Tournaments. MOTION It was moved by Council Members Sniff/Perkins to approve the request of the La Quinta Sports & Youth Association. Ms. Honeywell, City Attorney, advised that an urgency ordinance would be required to amend the Code to allow use of the Complex beyond 10:00 P.M. Council Member Sniff withdrew his motion and recommended placing this issue on the June 22, 1993 agenda as an urgency action. BUSINESS SESSION CONTINUED CONSIDERATION OF AGREEMENT FOR JOINT POWERS AGENCY BETWEEN THE COACHELLA VALLEY GOVERNMENT ENTITIES RELATING TO SUNLINE SERVICES GROUP. Mr. Genovese, Asst. City Manager, advised that this matter was continued from the June 1, 1993 Council meeting. The Board of Directors of Sutiine Transit Agency is requesting a new Joint Powers Association c...?lled the SunLine Services Group to laandle all non-transit functions including taxicab industry, sale of compressed natural gas, and graffiti removal. They have requested that this change occur prior to July 1St due to the flinding complexities dealing with the transit funds and the mixture of those funds for non-transit activities. Mr. Dick Cromwell, General Manager of SunLine Transit Agency, advised that the purpose of the SunLine Special Services Group will be to handle enterprises other than transit that have entrepreneurial opportunities. As with other governmental agencies, they too are having problems with their traditional funding mechanisms. Their primary source of funding consists of 67% from sales tax. By becoming a part of the Sun Gas project, SunLine can earn credits for the amount of fuel that goes through the station offsetting their own cost for fuel which runs $400,000 to $500,000 per year. This savings would help support the transit. Last year Sutime had a 3 % cut in services and this year a 9% cut in services. By becoming involved in non-transit functions, this has placed SunLine in a different level of auditing which will be more costly. However, by separating these entities and putting them in a Sutiine Services Group there would only be one high level of audit required for non-transit functions and one for SunLine. He added that regulation of taxi cabs will be a part of the SunLine Services Group. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 3 June 15, 1993 In response to Council Member McCartney, Mr. Cromwell advised that SunLine has seven audits per year and this audit was prompted by a tn-annual audit by the Riverside County Transportation Commission. This is due to sales tax Sutime uses by way of the State through RCTC. In response to Council Member Bangerter, Mr. Cromwell advised that the State requires all cities and counties to regulate taxicabs. SunLine was selected because they have the facility and equipment to do it The final regulation was developed by a committee which included owners of cab companies. Council Member Perkins questioned the vehicle inspection process and Mr. Dennis Guinaw advised that a field report is used to inspect the vehicles annually at SunLine. They are also inspected in the field by Operations Supervisors who can cite vehicles in need of repair and take them out of operation. No taxicab can operate without a sticker on the left rear bumper. There are three background checks on drivers, local, State Department of Justice, and lastly they do drug testing. In answer to Council Member Perkins regarding the natural gas facility, Mr. Cromwell advised that this station will open August 3, 1993 to the public and the first buses will be delivered in December. Converting to compressed natural gas will bring them under the Clean Cities Program by the Federal Government. Mr. Lynn Crandall, General Counsel for SunLine, advised that a Joint Powers Agreement is similar to a partnership. This agreement provides for its termination should the members agree; or will automatically terminate with five or less remaining active members. If a City withdraws, that City would have to set up its own regulatory process. Council Member Sniff commented that he would like a separate Board of Directors formed representing the public, hotel owners, and cab owners, etc. The City of La Quinta was not involved as a group with the formation of this Agency and had no input and was concerned about being asked to approve something that will require three to four amendments. He believed that this agreement should be presented in final form. Mr. Cromwell advised that the concerns of all member cities will require amendments after the initial approval. In order to prevent another auditing expense, it is important to approve this agreement as to form, before July 1, 1993. The amendment will immediately follow. Mayor Pena commented that the matter of taxicabs has been before the Council previously, noting that the Council did pledge part of the business license fees into creatifig the entity that was going to regulate the taxicabs. What is new is the JPA approach to it. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 4 June 15, 1993 Council Member Sniff pointed out that this is a new agency and has to be looked at as such in developing the procedures and rules and he was still concerned about the representation on the Board. He continued to believe that there should be a new board formed representing hotels, cab owners, the public and governmental entities. Mr. Guinaw advised that recently, SunLine met with cab owners and cab drivers and they have been invited to form a sub-connnittee in an advisory capacity to the Board. They hope to have that committee in place by the end of August. In order to change the make-up of the Board it will require an amendment to the WA and then at some point they would have to address the matter of conflict of interests. Ms. Honeywell, City Attorney, stated that she did review the agreement as to form and her concern was related to the fact that they could enter into supplemental agreements without approval of the full board. Council Member Bangerter expressed her concern about having the same board regulating transit as taxi cabs and the possibility of a conflict of interest. Ms. Honeywell suggested amending the agreement deleting the requirement that the representative on the Board be the same member representing the party on the Board of Directors of Su?ine. Council Member Bangerter could not support the make-up of the Board as presented. Council Member Perkins was supportive of the idea, but was concerned with the appearance of a conflict of interest and noted that SunLine not only owns, but also regulates the transit and only regulates the taxi cabs which does present a difference. Council Member McCartney was not supportive of the proposed agreement, as he was uncomfortable with one transit agency relating another. He wished to see something very separate in which the public has an interest. He supported a separate Board with the general manager of SunLine not sitting as part of the regulatory board for taxi cabs. He would like to see a Coachella Valley Taxi Authority that is separate and distinct made up of hotel representatives, citizens and cab owners. He also expressed dismay at having this placed before the Council on such short notice and being told that the City will cost them money if it isn't approved. Mr. Darryl Speech, 36-380 Bankside Drive, La Quinta, Director of Marketing for VIP Coastal Transportation, believed there should be regulation of the taxi cab industry; however, he felt the cities made a mistake by giving this authority over to SunLine Trans it Agency. A surcharge of $1, a taxi tax," has been implemented which goes directly to SunLine. Based on the documents he submitted to the City Council, which was obtained from SunLine, he believed that a separate entity should be established. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 5 June 15, 1993 Mr. Allan Mayoff, P.O. Box 1235, Palm Springs, felt that SunLine cannot fairly separate bus service from taxicab service and that the taxicab industry and other transportation entities in the Valley will suffer if SunLine continues to regulate them. Mr. John Cross, Director of Operations of VIP Express, expressed his concern over SunLine's urgency to adopt this WA and urged the City to take their time and study the matter. Mr. Dennis Guinaw advised that the projected deficit for the upcoming year is $80,O()() for regulating taxi cabs. SunLine began incurring expenses in July, 1991, however, did not receive revenue until October, 1991. The initial costs were primarily for legal fees in developing the ordinances, rules, and JPA amendment. They do have a plan to eliminate the deficit before the end of next year which includes additional fees to the operators which will be passed on to the passengers. In response to Council Member Perkins, Ms. Honeywell advised that after final approval of the agreement, any amendment would require a two-thirds vote of all members. Any changes made to the agreement by any one City before final approval would need to be recirculated to all Cities with the modifications. Mayor Pena questioned the City's standing with the JPA should the City not approve this agreement. Ms. Honeywell believed that if the City does not approve this WA, they would not be a member, but assumed we would remain a member of Surime. Mr. Lynn Crandall believed that the City would not be a member of the WA should they choose not to approve this agreement SunLine will appeal its ordinance that regulates the taxi industry as of July 1, 1993 taking SunLine out the taxi business putting into effect the new WA. Council Member Sniff questioned if the figures in the documents submitted to the Council by Mr. Darryl Speech were accurate. Mr. Cromwell advised that he could not comment because he did not know what information was submitted. Council Member Perkins advised that he could not vote to approve the WA as submitted, that there needs to be a separate Board of Directors. He also expressed displeasure with this matter coming up so quickly and requesting immediate action. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 6 June 15, 1993 MOTION It was moved by Council Members SnifflMcCartney to table the matter of SunLine Services Group WA. Motion carried unanimously. MINUTE ORDER NO. 93-134. 2. CONSIDERATION OF AUTHORIZATION TO ENTER INTO AGREEMENT WITH T. I. MALONEY, INC. FOR DESIGN SERVICES AND CONSTRUCTION DRAWINGS FOR PALM ROYALE PARK. Mr. Bohien, Parks & Recreation Manager, presented an agreement between the City of La Quinta and T. I. Maloney for park design and construction drawing services for the proposed Palm Royale Park, a 2.49 acre parcel located at the corner of Adams Street and La Palma Drive in the northern area of La Quinta. As instructed by the Council and Commission at the joint meeting on April 26, 1993, both the design and construction drawings have been consolidated for a total of $26,000. This will require $13,000 allocated for design in the FY 1992-93 park improvement funds be allocated to the FY 1993-94 budget. Council Member Sniff believed that the entire $26,000 will not be required for the design because at the public workshop the residents in the area were asking for a very modest park. MOTION It was moved by Council Members Sniff/McCartney to approve the agreement for park design and construction services with T. I. Maloney for the Palm Royale Park in an amount not to exceed $26,000 and to reallocate $13,000 of Park Improvement funds from the FY 1992-93 budget. Motion carried unanimously. MINUTE ORDER NO.93-135. 3. CONSIDERATION OF AUTHORIZATION TO CALL FOR BIDS FOR THE SENIOR CENTER BUILDING AND SITE WORK. Mr. Reynolds, Director of Public Works/City Engineer, advised that the contract documents for the Senior Center are essentially complete and the Riverside County Economic Development Agency has authorized the City to call for bids. MOTION It was moved by Council Members Sniff/Bangerter to authorize a call for bids for the Senior Center building and site work. Council Member Perkins referred to the 5 % contingency and suggested the idea that anything over the 5 % contingency that the City and the contractor share in the cost and anything under the 5 % the City and the contractor share the profit. It would be an incentive for the contractor. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 7 June 15, 1993 Ms. Honeywell advised that she could explore this concept. Motion carried unanimously. MINUTE ORDER NO.93-136. 4. REPORT OF PLANNING COMMISSION ACTION ON CONDITIONAL USE PERMIT 93-007 FOR A 2,400 SQ. FT. RESTAURANT WITH DRIVE-THROUGH LANE ON THE NORTH SIDE OF HIGHWAY 111, APPROXIMATELY 700' WEST OF ADAMS ST. WITHIN THE ONE-ELEVEN LA QUINTA CENTER. APPLICANT: MC DONALDS CORP. Mr. Baker, Principal Planner, advised that the Planning Commission has reviewed and approved the plans for a McDonalds restaurant with a drive-through lane, playland structure, and outdoor seating located at the One-Eleven La Quinta Center subject to a number of modified conditions. Council Member Sniff expressed his concern regarding Condition No.44. He felt that the plans submitted to the City Council should be received complete, thoroughly examined and approved by the Planning Commission for Council's decision. Condition No.44 is conditioning the Council by reverting Council's decision back to the Design Review Hoard and the Planning Commission for further review. The Council should make the final decision. Therefore, he recommended setting a public hearing to review these conditions. MOTION It was moved by Council Members Sniff/Mccartney to set a public hearing date for July 6, 1993 before the City Council. Motion carried unanimously. MINUTE ORDER NO.93-137. The balance of the Business Session agenda was continued until the 7:00 P.M. meeting. STUDY SESSION INTERVIEWS OF APPLICANTS FOR PLANNING COMMISSION, SERVICES COMMISSION AND DESIGN REVIEW BOARD. Mrs. Juhola, City Clerk, advised that there are five applications for the Planning Commission, four for the Design Review Board, and five for the Community Services Commission. The Council has received a memorandum indicating that Fred Mosher, John Curtis, and Fred Rice are out of town and unable to be present, however, they do wish to be considered for reappointment. Mrs. Juhola added that she had not heard from Dorothy Benedict. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes S June 15, 1993 The Council then conducted interviews of the following individuals: Planning Commission: Jacques Abels Katie Barrows George Berkey A. P. Skip" lench The Design Review Board: Paul Anderson, A.I.A. Greg Butler John E. Curtis The Community Services Commission: Norris Bernard Christopher DeSalva Tom Freeman B. J. Seaton After interviews, Council recessed until 7:00 P.M. and reconvened at the La Quinta Middle School Multipurpose Room. PUBLIC COMMENT None INFORMATIONAL PUBLIC MEETING LIGHTING AND LANDSCAPE ASSESSMENT DISTRICT 89-1 Mr. Reynolds, Public Works Director/City Engineer, advised that the 1972 Lighting and Landscaping Assessment District Act was amended effective January 1, 1993, which now calls for a public information meeting prior to the public hearing in which the public can ask questions of the Assessment Engineer to explain how the assessments are arrived at. He noted that this District has been in place since 1989. Notices were sent to 13,000 + parcels within the City. Mr. Dennis Klinglehofer, BSI Consultants, advised that they prepared the Engineer's Report for the Lighting and Landscape Maintenance District for FY 1993-94. Every BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 l City Council Minutes 9 June 15, 1993 property owner within the City was noticed because of the projected increase in the assessments for FY 1993-94. This report has no changes in how the assessments are spread. The budget has increased from last year's causing higher assessments per parcel throughout the City. For a typical single-family home not within a special benefit zone, the proposed assessment is $32.19. Mr. Klingelhofer further advised that there are three special benefit zones within the District PGA West Landscaping Subzone, the Cove Landscaping Subzone, and the Highway 111 Landscaping Subzone. Parcels that are located within one of these subzones pay an assessment for local improvements besides paying the City-wide assessment. Commercial properties pay higher assessments than residential and undeveloped acreage generally pay smaller assessments than a single-family home on a per acre basis. The Mayor opened the Informational Public Meeting for questions from the public. Audrey Ostrowsky, P.O. Box 351, felt that the homes in her area without lighting, landscaping, and sewers should not be required to pay the same assessment as homes with these improvements and that the property owners should be assessed based on the size of their lot. Mr. Reynolds advised that the assessments are based upon the dwelling unit, not the size of the property and further explained that the Cove area has certain benefits within it, i.e., the mini park and the area around Tampico and Eisenhower as well as the median islands on Calle Estado and on Bermudas. Regarding the type of landscaping used, it has all been approved by the Design Review Board, Plarining Commission, Coachella Valley Water District and the City Council. It has been found that the maintenance of desert landscaping is far higher than it is with turf. Lou Glick, 44-270 Valeta Drive, questioned why his assessment is 457? higher than last year and why some areas are pay mg different assessments than other areas. Mr. Reynolds advised that the largest part of the increase is due to proposed landscaping of the Washington Street median which adds $14 per parcel to the assessment. He then explained the special benefit sub-zones and what those special benefits are in his particular area. Lee Sleight submitted a list of names of residents of Highland Paims/Shangrila area which she wished to have placed in the minutes. Saad Safabian, 46-800 Highland Palms, asked a number of questions of which Mr. Reynolds responded. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 10 June 15, 1993 Mr. Reynolds advised that the median in Washington St. that is affected by Desert Hospital complex is yet to be constructed what we have there is the frontage road. The landscaping when it goes in, will be partially funded 50%) by Desert Hospital? Washington Sq. Complex. There are two separate projects included here 1) the existing median between Avenue 48 and the Catholic Church and 2) the frontage parkway separating Washington Street from the frontage of the Highland Palmsl Shangrila area. The purpose of this District is to construct and maintain the medians on major arterials. There will be no developer contribution for the landscaping installed on the frontage road parkway, but there will be a credit to the District for the landscaping on the median strip between Avenue 48 and the Church. In conclusion, he stated that the Washington Street Specific Plan shows the bike path to be on the east side of Washington, because there is no room for one on the frontage road. Wally Reynolds, 79-860 Fiesta Drive, asked when there will be another addition to the Lighting and Landscape District and will they go on forever. Mayor Pena advised that Lighting and Landscape Districts are generally put in place to take care of lighting and landscaping throughout the City on a long-term basis. Mr. Reynolds advised that there are still a number of areas needing installation of landscaping, which are not in the budget this year such as the median in Eisenhower at the bottom end of the Cove and at some point, Fred Waring will need a median strip and landscaping. Bill Pasco, northside of Highway 111, did not believe he should be required to pay for something that he does not benefit from. Mayor Pena explained that each resident in the City benefits from the improvements. Betty Myll, SO- 131 Palm Circle, stated that she could not understand how the City can justify this tax increase and state that there is no money available to pay for low water crossings, street improvements, sewers, etc. when millions of dollars have been spent in the Cove area. Mayor Pena advised that the majority of the monies spent in the Cove area consisted of $20 for the flood control facilities. The other portion was to rebuild the streets and replace water and sewer lines. The City is currently designing the bridge across the Whitewater Channel to accommodate six lanes of travel. Pete Zelles, P.O. Box 786, stated that the City should look to the future and make right decisions before reacting. Council Member McCartney asked for an explanation regarding the credit to PGA West. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 l City Council Minutes 11 June 15, 1993 Mr. Reynolds advised that after the development of PGA West an Assessment District was formed under the 1972 Lighting and Landscape District Act for PGA West oniy. The City had charged that area to retro-fit the medians to a more desert landscaping. However, it was decided not to retro-fit the median islands after some experience with desert landscaping. Therefore, these monies have been applied to the assessments proposed to PGA West and is going back into their account. In response to Council Member Perkins, Mr. Reynolds advised that the gated communities are paying the City-wide assessment and any special benefits within their particular zone. The public information meeting was closed with no action being taken. PUBLIC HEARINGS TENTATIVE TRACT MAP 26188, EXTENSION #1 A REQUEST FOR A ONE TIME EXTENSION TO SUBDWWE +10 ACRES INTO 39 SINGLE-FAMILY LOTS LOCATED SOUTH OF MILES AVENUE, 660' EAST OF ADAMS STREET. APPLICANT: SANTA ROSA DEVELOPERS. Ms. Mouriquand-Cherry, Associate Planner, advised that the applicant, Santa Rosa Developers, has requested a first time extension. This project is an in-fill development that will provide a completion of the circulation system within this neighborhood. The Planning Commission has reviewed the request and recommends approval. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the PUBLIC HEARING WAS CLOSED. In response to Council Member Perkins, Mr. Reynolds advised that the formula for payment of the traffic signal was based upon the area and the benefit accrued to each parcel. RESOLUTION NO.93-49 A RESOLUTION OF THE CITY COUNCIL CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE ENVIRONMENTAL ANALYSIS AND APPROVAL OF A ONE YEAR TIME EXTENSION FOR TENTATIVE TRACT 26188 TO ALLOW THE CREATION OF A LAND SALES SUBDIVISION ON A +10 ACRE SITE. CASE NO. TT 26188 SANTA ROSA DEVELOPERS, INC. FIRST EXTENSION OF TIME. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 12 June 15, 1993 It was moved. by Council Members SnifflMcCartney that Resolution No. 93-49 be adopted as submitted. Motion carried unatlimously. 2. CONSIDERATION OF NEGATIVE DECLARATION OF ENVIRONMENTAL MPACT A 92-240), CHANGE OF ZONE 92-072 AND TENTATIVE TRACT 27613 FOR CHANGE OF ZONE FOR 446 ACRES FROM R-1* ++ 10,000 AND R?2*20,0OO TO R-2 MULTIPLE FAMILY) AND 19.4 ACRES FROM H-C HILLSIDE CONSERVATION) TO R-2, TO ALLOW SUBDIVISION ON 746+ ACRES FOR 399 RESIDENTIAL UNITS, 18-HOLE GOLF COURSE AND ThNNIS COMPLEX ON PROPERTY LOCATED SOUTH OF 52ND AVE., EAST OF AVENIDA BERMUDAS, AND NORTH OF CORAL REEF MOUNTAINS. APPLICANT: J. B. GOLD. Greg Trousdell, Associate Planner, advised that the applicant is equesting approval to develop 746.6 acres on the south side of Avenue 52, east of Avenida Bermudas, which will be subdivided into 399 single-family lots with an is hole golf course. Ninety percent would be estate residential units and 10% would be designated for tennis vijlas with three hundred acres devoted to the Santa Rosa mountains along the southerly portion of this Site. Forty percent of this site is made up of mountains and 60% would be for the actual development. Hacienda del Gato, an historical residence located on the northeasterly portion of the site, is proposed to be retained. The project density would be approximately less than 1 unit per acre. The project has direct access at Avenue 52 and Washington, which is a future signalized intersection. There will be a direct access point to this development with an emergency access on the easterly side of the site on Avenue 52 and a shared access point for the maintenance facility and the Fire Station. Mr. Trousdell then highlighted a number of items discussed at the public hearing before the Planning Commission in September noting that one area of concern was the height of the buildings. Council Member Bangerter questioned the amount of open space and the number of access points available and Mr. Trousdell advised that there will be approximately 30% open space for the golf course and approximately 30% for the hillside areas. The total number of access points will be three on Avenue 52 and two on Bermudas. In response to Council Member Perkins, Mr. Trousdell advised that this application protects everything above the toe of the slope. Regarding the Hacienda del Gato residence, there is a requirement that the unit remain intact or if remodels are proposed, that it go through a complete review. It is not currently a registered historical site. Council Member Mccartney referred to the Environmental Assessment, Item No.19, relating to Recreation" and asked if the park fee has been calculated and Mr. Trousdell advised that it has and explained the calculations. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 l City Council Minutes 13 June 15, 1993 The Mayor declared the PUBLIC HEARING OPEN. Mr. J.B. Gold, applicant, commented that Resolution Trust Corporation RTC) is the vested owner of the property and they fully support the plan and agree with staff's findings and recommended conditions and look forward to moving ahead with this project. Council Member McCartney asked if the project is approved, when construction would begin. Mr. Gold stated it will depend upon when fmancing will be in place and who the successful bidder will be on the property. It most likely will be around the beginning of the year. Mr. John Gamlin, Landmark Land Companies, 79-999 Old Avenue 52, representing Oak Tree Federal Savings Bank, which is under Conservatorship to Resolution Trust Corporation, advised that the RTC/Oak Tree is the sole record owner of the property. The project was midstream through the entitlement process when the property went into foreclosure He advised that the property will be offered in the Fall as part of a phased liquidation sale that the RTC is conducting of Oak Tree and Landmark's subsidiary assets. They expect that the entitlements will run with the land and future owners would be bound by all obligations placed on the property by the City. They support the project and believe that the character of the development is complimentary to the City. Mayor Pena asked if Mr. Gold wasn't in the process of purchasing the property prior to it being taken over by RTC. Mr. Gamlin said that is correct. The former borrowers, Rancho La Quinta Partners, were the owners of the property upon foreclosure. Mr. Mike Seems, 52-925 Avenida Bermudas, questioned if there will be landscaping on Avenue 52 and on Avenida Bermudas and what the height of the wall will be and also questioned the height limitations of buildings. Mayor Pena stated that there will be landscaping on both Avenue 52 and Avenida Bermudas with a 6' perimeter wall. Regarding building heights, the Cove in an SR Zone which has a height limitation of 17' and in other residential areas it's between 24'-35'. Louje Campagna, P.O. Box 1286, La Quinta, questioned the height of the homes bordering on Avenida Bermudas. He commented that these homes should have the same limitations as those in the Cove area because they are going to block the view of the mountains. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 14 June 15, 1993 Mayor Pena advised that the height of these homes will be 22'. Mr. Camp agna believed that those homes along the perimeter of the development should be restricted to 17'. Mr. Trousdell commented that since the Code allows a height higher than 17' in the R-1 Zone, staff felt that a legitimate compromise would be 22' in light of the set-backs. The distance between the curb and the first house is about 140'. Robbie Stanford, 51-863 Avenida Obregon, asked if this project is approved, would there still be plans for a future park at the top of Bermudas. Mayor Pena advised that the plans for that park were rejected because of concerns of the residents in that area. Mr. Jerry Herman, Planning Director, advised that an environment assessment was prepared for the project and it was determined that any environmental impacts could be mitigated to a point of non-significance. The Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff felt that the first row of homes on Bermudas should be limited to 17' in height keeping them compatible with the homes in the Cove area. Mayor Pena advised that after consulting with the City Attorney, he will abstain from this issue due to conflict of interest lives within 1,000' of the project) and left the dais. It was moved by Council Members Sniff/Bangerter that Ordinance No.229 be taken up by title and number only and waive further reading. Motion carried with Mayor Pena absent. MOTION It was moved by Mayor Pro Tem Sniff/Bangerter that Ordinance No.229 be taken up by title and number only and waive further reading. Motion carried unanimously with Mayor Pena not voting. ORDINANCE NO.229 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTY REFERRED TO IN CHANGE OF ZONE 92- 072 AND CONFIRMING THE ENIIIRONMENTAL DEThRMINATION. CASE NO. CZ 92-072- THE TRADITION AT LA QUINTA. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 15 June 15, 1993 It was moved by Mayor Pro Tern Sniff/Bangerter that Ordinance No.229 be introduced on first reading. Motion carried by the following vote: AYES: Council Members Bangerter, Mccartney, Perkins, Sniff NOES: None ABSTMN: None ABSENT: Mayor Pena Tentative Tract 27613 In response to Council Member Sniff, Mr. Herman advised that 47 lots would be affected by changing the height limitation. He advised that Condition No.48 can be amended to read that homes fronting on Bermudas shall be limited to 17'. Mr. Gold stated that during a previous approval process, the project gave an additional right-of-way along Avenida Bermudas enabling it to be widened in addition to an extremely large and wide landscaped set-back as well as an additional 70'-80' before reaching the first property line. He believed that with the landscaping and the set-back, the height would not be noticeable. Custom homes are normally larger than those that are not custom built. Because of this, extra height in needed. He noted that there will be more open area between the homes and the development is much less dense than the rest of the Cove. Council Member Perkins questioned the distance between the first house in this development and the first house in the Cove and Mr. Gold advised that it's approximately 240 feet. In response to Council Member Bangerter, Mr. Herman advised that the height limit on the east side of Bermudas is 35 feet, and 2 1/2 stories. Council concurred to leave the height limitation at 22 feet as recomrnended by staff. RESOLUTION NO.93-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA ADOI"TING ENVIRONMENTAL ASSESSMENT 92-240 AND APPROVING A 399 UNIT SUBDIVISION ON 746.6 ACRES GENERALLY LOCATED SOUTH OF 52ND AVENUE AND EAST OF AVENIDA BERMUDAS. CASE NO. TENTATIVE TRACT 27613 THE TRADITION. It was moved by Council Members Sniff/Bangerter that Resolution No.93-50 be adopted as submitted. Motion carried unanimously with Mayor Pena absent. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 16 June 15, 1993 Council recessed and reconvened at the City Council Chambers. PUBLIC COMMENT Dan Featheringill, P.O. Box 1012, expressed his concern regarding a claim submitted by DoDco Construction Services and requested consideration. He elaborated on the circumstances surrounding the claim. In answer to Council Member Perkins, Ms. LiCalsi, Administrative Analyst, explained staff's reasoning for recommending rejection of this claim. If rejected, the statute of limitation is six months and if it is not rejected it's two years. This is basically a procedural step. Council expressed their concern that this matter be treated fairly. Ms. Honeywell, City Attorney, advised that JPIA will investigate this matter and if they feel it is a valid claim, they will pay from the City's self-insured retention fund. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 15, 1993. 2. APPROVAL OF CONSOLIDATION OF BANK ACCOUNTS WITH BANK OF AMERICA. 3. REJECTION OF CLAIM OF DODCO CONSTRUCTION SERVICES FILE NO. LQ 93-10. 4. REJECTION OF CLAIM OF RANDALL WRIGHT DATE OF LOSS DECEMBER 20, 1992. 5. APPROVAL OF OVERNIGHT TRAVEL FOR DEPUTY CITY CLERK AND RECEPTIONIST TO ATTEND AT&T TELECOMMUNICATIONS TRAINING IN LOS ANGELES JUNE 21-15, 1993 AND JULY 26-29, 1993. Council Member Perkins asked that Consent Item No.2 be pulled. MOTION It was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended with the exception of Item 2. Motion carried unanimously. MINI? ORDER NO.138. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 17 June 15, 1993 Relative to Item No.2, Council Member Perkins believed that consolidation of funds is similar to the Wymer situation and therefore, did not agree with consolidating RDA and City funds they should be kept separate with separate reports because it would be too easy for error. Mr. O'Reilly, Finance Director, advised that City and Redevelopment funds are each currently pooled on their own into one bank account each, but separate accounting is being maintained for fund balances, cash balances, and expenses. It is an industry standard to pool cash in order to alleviate having to have separate accounts for all the various funds. Mayor Pena also agreed that co-mingling of both Redevelopment and City funds could place the City in an awkward position in determining proportionment of these funds. Mr. O'Reilly suggested presenting this matter to the Investment Advisory Board. Council concurred. BUSINESS SESSION.... continued... 5. CONFIRMATION OF PROJECT AREA COMMITTEE PAC) MEMBERSHIP FOR REDEVELOPMENT PROJECT AREAS 1 & 2 MERGER. Council Member Bangerter abstained due to a conflict of interest and left the dais. Mr. Genovese, Assistant City Manager, advised that on May 18,1993 the City Council adopted the procedures for the formation of the Project Area Committee for the proposed merger. On June 7, 1993 an information meeting/election was held and a total of five representatives were selected for the PAC leaving four vacant seats. Regarding these vacancies, Mr. Genovese advised that the City Council could adopt a resolution confirming the PAC membership as is without filling the vacancies or adopt the resolution affuming the membership of the PAC requesting the PAC to determine how to modify the procedures and the make-up of the PAC. It is staff's recommendation that the PAC make this determination. These vacancies shall not prevent the formation or the conduct of business of the PAC. Mayor Pena stated that he would like to see as much participation as possible and suggested that someone from the Chamber of Commerce might be interested in serving on this Committee. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 18 June 15, 1993 Regarding questions by Council Member Sniff regarding the vacancies, Ms. Honeywell, City Attorney advised that the law is not clear on what number of membership constitutes a valid PAC it is left up to the individual agency to determine. Council Member Sniff wish to see all vacancies filled. Mr. Genovese advised that the amendment will be brought before the Council for approval. RESOLUTION NO.93-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA APPROVING AND CONFIRMING THE MEMBERSHIP OF THE PROJECT AREA COMMIT"'EE FOR THE LA QUINTA REDEVELOPMENT PROJECT AND PROJECT NO.2 AS PROPOSED TO BE MERGED. It was moved by Council Members Sniff/Perkins that Resolution 93-51 be adopted as submitted. Motion carried unanimously with Council Member Bangerter absent. At this time, Business Session No.7 was taken out of order. 7. APPROVAL OF FINAL MAP AND SUHDWISION AGREEMENT FOR TRACT 27681 BANGERThR. Council Member Bangerter abstained due to a conflict of interest and left the dais. Mr. Reynolds, Public Works Director, advised that this development is located on Date Palm Drive between Sagebrush and Saguaro. The applicant has made the arrangements for the bonds, the subdivision agreements and has satisfied the City's conditions for approval. It is recommended that staff be authorized to sign and record the map. MOTION It was by Council Members Sniff/Mccartney approve Tract Map 27681 and Subdivision Improvement Agreement and authorize staff to sign and record the map for Parcel 27681 Bangerter. Motion carried unanimously with Council Member Bangerter absent MINUTE ORDER NO.93-140. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 19 June 15,1993 6. CONSIDERATION OF PREPARATION OF A STREET ALIGNMENT STUDY FOR JEFFERSON STREET BETWEEN AVENUE 58 AND 62. Council Member McCartney abstained due to conflict of interest and left the dais. Mr. Reynolds, Public Works Director, advised that this action is being requested in preparation for a street alignment study for Jefferson Street between Avenues 58 and 62. There is no fiscal implication to the City. Staff is requesting authorization to select a consultant to prepare a street alignment study and to determine who will sit on the selection committee. Staff recommends that the Public Works Director, Planning Director, and one or two Council members serve on this Committee to review the proposals. In response to Council Member Bangerter, Mr. Reynolds advised that this study, being City sponsored, will not cause any liability to the City. Council concurred on appointing Council Member Perkins and Council Member Bangerter to serve on the Consultant Selection Committee. MOTION It was moved by Council Members Sniff/Bangerter to direct the appropriate staff to proceed with the activities to select a consultant to prepare a street alignment study of Jefferson Street between Avenue 58 and Avenue 62 and appoint the Public Works Director, Planning Director, Council Member Perkins, and Council Member Bangerter to the Consultant Selection Committee. Council Member Perkins questioned if the property owners would be involved. Mr. Reynolds advised that the property owners will be notified in the process of the study. Motion carried unanimously. MINUTE ORDER NO.93-141. 8. CONSIDERATION OF AUTHORIZATION FOR THE MAYOR TO SIGN THE RIVERSIDE COUNTY THREE-YEAR 1994-96) COOPERATION AGREEMENT TO PARTICIPATE IN THE URBAN COUNTIES COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mr. Baker, Principal Planner, advised that in order for the City to participate in the Community Development Block Grant three year program for 199496, a Cooperation Agreement must be entered into with Riverside County. These funds are estirnated at $50,000 in annual grant monies beginning in 1994. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 20 June 15, 1993 Council Member Bangerter questioned what was mere?t by the State enforcing a policy prohibiting the use of excessive force by law enforcement agencies within La Quinta and how it relates to this program. Mr. Hunt, City Manager, advised that the Federal Government has not defined excessive force. Riverside County needs certification from the City that we have such a policy in force. M?ON It was moved by Council Members Sniff/Bangerter to authorize the Mayor to sign the Cooperation Agreement to participate in the process of receiving Community Development Block Grant Funds for 1994-1996. Motion carried unanimously MINUTE ORDER NO.93-142. 9. CONSIDERATION OF AMENDMENT TO CHAPTER 2.65 OF THE MUNICIPAL CODE MODIFYING THE COMMITTEE COMPOSITION AND SELECTION FOR THE ART IN PUBLIC PLACES COMMITTEE FROM FIVE TO SEVEN MEMBERS AND CONSIDERATION OF APPOINTMENT OF TWO MEMBERS AT-LARGE AND ONE ART FOUNDATION MEMBER. Mr. Herman, Planning Director, advised that the Arts Foundation is recommending that Kay Wolff be reappointed to a full two-year term begirn?g July 1, 1993. As directed by Council on the June 1, 1993 a draft ordinance has been submitted amending the membership composition of the Art in Public Places Committee from five 5) to seven 7) members with three at-large members, three Arts Foundation members and one from the Community Services Commission. Two of the appointees would have terms beginning on August 1, 1993. MOTION It was moved by Council Members Sniff/Perkins to appoint Kay Wolff as the La Quinta Arts Foundation appointee serving a full two-year term expiring June 30, 1995. Motion carried unanimously. MINUTE ORDER NO.143. It was moved by Council Members Sniff/Bangerter that Ordinance No.230 be taken up by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.230 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.65 OF THE LA QUINTA MUNICIPAL CODE ART IN PUBLIC PLACES." It was moved by Council Members Sniff/Bangerter that Ordinance No.230 be introduced on first reading. Motion carried by the following vote: BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 21 June 15,1993 AYES: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena NOES: None ABSTMN: None ABSENT: None MOTION It was moved by Council Member Sniff to appoint Katherine Hull and Lia Gilbert as the at-large positions on the Arts in Public Places Committee effective August 1, 1993, which is at the time the amendment to the Municipal Code becomes effective, with terms expiring on June30, 1995. Motion carried unanimously. MINUTE ORDER NO.93-144. Mayor Pena directed the City Clerk to notify the newly appointed committee members. 10. CONSIDERATION OF THE FORMATION OF A NEIGHBORHOOD ACTION PROGRAM. Ms. LiCalsi, Administrative Analyst, advised that the report submitted to the Council is a summary in response to a request by Council to begin doing some research on a neighborhood action program. It compiles information received from a hand-full of cities. In response to Council Member Perkins, Ms. LiCalsi advised that the League of California Cities has not been contacted, however, they have contacted an organization called Neighborhoods, U.S.A. This organization is a group of cities which have this type of program. Mayor Pena would like to have staff research bow effective this program is in smaller cities and what the costs are. Council Member Mccartney advised that he received information from Council Member Ron Loveridge of the City of Riverside which included an informative newsletter called The Neighborhood Works" which gives an update of all these neighborhood programs The Brooking s Institute also published a book on this movement entitled The Rebirth of Urban Democracy" which gives the pros and cons of this kind of program. Mr. Loveridge offered his assistance if and when the City would be interested in implementing such a program. Council Member Sniff asked that the term Neighborhood Council" not be used. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 22 June 15, 1993 MOTION It was moved by Council Members Sniff/Bangerter to direct staff to continue to research the feasibility of implementing a Neighborhood Action Program with a full report brought back to the City Council by the first meeting in September. Motion carried unnnimously. MINUTE ORDER NO.93-145. 11. CONSWERATION OF DISPOSITION OF CITY OWNED OFFICE TRAILERS. Mr. Hartung, Building & Safety Director, noted that the City offices will be moved on July 9th and staff has made some recommendations regarding uses of the City-owned trailers. Staff recommends relocating the triple-wide trailer to the Fritz Burns Park to be used as a temporary Parks and Recreation facility, the double-wide trailer to the City yard to be used as a storage facility, and the single wide trailer to possibly be used by community organizations. Request for Proposals can be issued to determine what level of interest there would be from the community. Council Member Sniff preferred to locate the single-wide trailer next to the one at the Fritz Burns Park and Mr. Hartung advised that is staff's intent. Council Member Perkins did not wish to send RFP's out to community organizations when interest has. already been expressed by a couple of organizations. Council Member McCartney asked if the double-wide trailer could be put to better use than as a storage facility. Mr. Hartung stated that currently there is an immediate need to use the double-wide for storage. In the future, after the City yard relocates, it could be used at the northend of the Murphy property. Council Member Mccartney questioned the feasibility of putting the trailers on the market and Mr. Hartung said that Golden Office Trailers have advised that at this time it is not a seller's market. Council concurred to put the trailers in at ground level. MOTION It was moved by Council Member Perkins/Bangerter to allow Community Concerts and the Historical Society to use the single wide trailer for temporary office space with the appropriate office furniture to go with it. Council Member Sniff commented that there may be other organizations desiring the use of these facilities. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 23 June 15,1993 Council Member McCartney stated that he would like staff to research and find out if other organizations would like to utilize these facilities. Mayor Pena restated the m?tion to relocate the triple-wide trailer to the Fritz Burns Park and the double-wide trailer behind the City yard and allow the Community Concerts Association and the Historical Society use of the single wide trailer. Motion carried unanimously. MINUTE ORDER NO.93-146. 12. TRANSMITTAL OF TREASURER'S REPORT APRIL 30, 1993. MOTION It was moved by Council Members Sniff/Bangerter to receive and file the Treasurer's Report dated April, 1993. Motion carried unanimously. MINUTE ORDER NO.93-147. Council recessed to Redevelopment Agency Meeting and then reconvened to City Council. STUDY SESSION... continued... INTERVIEWS OF APPLICANTS FOR PLANNING COMMISSION, COMMUNITY SERVICES COMMISSION AND DESIGN REVIEW BOARD.... continued.... The Council balloted for the appointments. Said ballots are on file in the City Clerk's office. MOTION It was moved by Council Members SnifflMcCartney that Jack Abels and Katie Barrows be appointed to a full three year term on the Planning Commission as of July 1, 1993. Motion carried unanimously. MINUTE ORDER NO.93-148. MOTION It was moved by Council Members Sniff/McCartney that Paul Anderson, John Curtis, and Fred Rice be appointed to a full two year term on the Design Review Board as of July 1, 1993. Motion carried unanimously. MINUTE ORDER NO.93- 149. MOTION It was moved by Council Members Sniff/McCartney that Norris Bernard and B. J. Seaton be appointed to a full three year term on the Community Services Commission as of July 1, 1993. Motion carried unanimously. MINUTE ORDER NO. 93-150. BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 24 June 15, 1993 2. REVIEW AND CONSIDERATION OF FISCAL YEAR 1993/94 BUDGET. Council concurred to meet after the public hearing on Tuesday to review the budget. DEPARTMENT REPORTS Mr. Hartung advised that the move to the Civic Center is still on target for July 9, 1993. There was then a general discussion regarding law enforcement issues. MAYOR AND COUNCIL MEMBER ITEMS A. DISCUSSION OF USE OF LOCAL CONTRACTORS AND LOCAL LABOR. Council Member Perkins commented that the City cannot continue to operate as they have been and suggested that the staff come up with innovative ideas on how the City can be run more efficiently. Mr. Hunt, City Manager, advised that staff is coming to the Council at the second meeting in July with a report on this issue. Council Member Sniff asked if we can require a bidder to give the low sub?contract as well as the low local sub-contract bid and the City be allowed some discretion. His other question is what is local?" Mr. Hunt advised that staff will look at these questions. CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) International Treasury Management/Denman Iowa Trust Bank Audi Avenue 52 Litigation Indio Case No. 6388S b. Discussion of personnel pursuant to Government Code Section 54957 Personnel Schedule Meet & Confer Issues Personnel Evaluation BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02 lCity Council Minutes 25 June 15, 1993 Council reconvened with the City Attorney announcing that action was taken to retain expert witnesses BRW, and designated Attorney Don Hammond to represent the City in negotiations with Bank Audi. There being no further business, the meeting was adjourned. Motion carried unarlirnously. SAUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 01-20-96-U01 01:46:26PM-U01 CCMIN061593-U02