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1993 12 21 CC Minutes LA QUINTA CITY COUNCIL MINUTES DECEMBER 21, 1993 Regular meeting of the La Quinta City Council was called to order at 3:00P.M. by Mayor Pena followed by the Pledge of Allegiance. PRESENT: Council Members Bangerter, McCartney, Perkins, Sniff, Mayor Pena ABSENT: None CONFIRMATION OF AGENDA Mr. Hunt, City Manager, advised that Page 17 of the December 7, 1993 Minutes were revised and that a petition was submitted by citizens relative to Business Session Item No. 1. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Bangerter that the Minutes of December 7, 1993 be approved as revised. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Pena presented Ellie Shepherd, Department Secretary, with a plaque expressing the City's appreciation for being chosen Employee of the Month" for December. PUBLIC COMMENT None WRITThN CORRESPONDENCE None BUSINESS SESSION 1. PLOT PLAN 93-511, APPEAL OF PLANNING COMMISSION APPROVAL FOR PLOT PLAN APPROVING A GOLF COURSE MAINTENANCE YARD FOR RANCHO LA QUINTA" LOCATED ON THE NORTH SIDE OF 50TH AVENUE, IM?IEDIATELY EAST OF PARK STREET. APPLICANT: TD DESERT DEVELOPMENT CHUCK STROTHER). APPELLANTS: MINISTRELLI CONSTRUCTION CO., CHATEAU ESTATES, BAJADA HOMEOWNERS ASSOCIATION AND PAINTED COVE AT LA QUINTA ASSOCIATION. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 2 December 21, 1993 Mr. Sawa, Principal Planner, advised that two appeals have been filed of a Planning Commission decision on November 23, 1993 pertaining to the golf course maintenance building for the Rancho La Quinta project located on the north side of 50th Avenue, east of Park Street. The first appeal was filed by Peter Ministrelli on behalf of Painted Cove and Bajada, the two residential tracts south of the property in question. His appeal is based on four general reasons included in the staff report. The second appeal was filed by Wayne Guralnick on behalf of the Bajada and Painted Cove Homeowners Associations. Their appeal is based on seven specific reasons also included in the staff report. Mr. Sawa presented the site plan of the proposed project and advised that the two buildings involved are metal. The height of the maintenance building will be 14 feet, and the height of the fertilizer storage building will be 11 feet. He advised that there will also be a gasoline storage facility for two tanks, a wash-down area, and off-street parking for the maintenance employees. The preliminary landscaping plan of the site displayed heavy large trees screening the property from 50th and Park Avenue. The Planning Commission recommended approval of this request subject to conditions. Staff recommended denial of the appeals. In response to Council Member Sniff, Mr. Sawa advised that the walls along 50th and Park Avenue will be of masonry block, eight feet tall, and the interior walls running north and east of the project will be six feet tall. In further response to Council Member Sniff, Mr. Speer, Ass't. City ngineer. advised that the distance from the centerline of Park Avenue to the centerline of the driveway is 218 feet and approximately 185 feet from curb line to curb line. Council Member Sniff asked what the proposed measures are to mitigate any dangers or difficulties. Mr. Sawa reviewed the measures listed in the Conditions of Approval as Condition Nos. 8, 9, 10, 11,12, 14, 16, and 19. In response to Council Member Sniff, Mr. Sawa advised that nuisance of odor or noise referred to in Condition No. 12 would be determined by City staff and the Planning Commission would have the right to review any complaints. In response to Mayor Pena, Mr. Sawa advised that Condition No.8 does not require the decorative gate on 50th Avenue to be closed at all times. Mr. Sawa further advised that the metal buildings will be insulated. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 3 December 21, 1993 Chuck Strother, representing Rancho La Quinta, advised that they have acquired a golf course plan that was in place without provisions for a maintenance facility. This site was selected because it was practical, feasible, and has access to utilities. as well as the mature citrus trees providing a shield to conceal the maintenance building. He advised that thorny wall vines will be planted around the walls to discourage anyone from graffiti or attempting to climb the wall. Adequate fire access will be maintained by placing the buildings as far as possible from the Park Avenue location. He advised that the northwest storage building is designed for the storage of fertilizing materials which are odorless and pelletized. These materials will remain sealed until after the maintenance workers are on the golf course. Chemicals and pesticides, which are only carried in inventory when needed to spray fungicides on the golf course, will be stored periodically throughout the year in a small enclosed locked room secured and controlled by the golf course superintendent. In response to Council Member McCartney, Mr. Strother advised that gasoline and diesel will be stored above ground on a curbed concrete enclosure. There will be two 1 000 gallon tanks to store each of these fuels. He explained that the state-of-the-art facilities are bullet-proof, fire-proof, double-walled with seismic restraints, electronic leak sensors, and a spillage containment plan. They are approved by UL, Uniform Fire Code, and Environmental Protection Agency, and these fuel storages are used at Fire Stations, Military bases, and National Parks. He advised that the system will be sealed off to avoid tampering with the valves. He further advised that they are not planning to install an alarm system for the property, but will do so if required. Mr. Strother advised that they anticipate employing 25 people at the beginning of the year. He advised that if another golf course is developed he is unsure whether they will need another maintenance building because the plans for the other half of the property have not been determined. Joe Peter Ministrelli, Land Developer for the Painted Cove and Bajada Development, has appealed the proposed site plan for reasons of land use, health and safety, traffic, and views. He was concerned about the hazardous materials being stored adjacent to residential property and the schools and the resultant possibility of leaks and explosions. He was also concerned about the additional traffic and hazardous Situations for vehicles and pedestrians. He noted that there are utilities available to service the maintenance yard at 48th Avenue and Adams Street, which was originally planned. Wayne Guralnick, 74-399 Highway 111, Palm Desert, General Counsel for Bajada and Painted Cove Homeowners Associations, has appealed the proposed site plan because the property is not a part of the tentative tract map. It is in an R-2 Zone which does not permit this type of use nor is it permitted in an R-1 Zone. He stated that if this project is approved, the City will be violating the zoning ordinances. He referred to the BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 4 December 21, 1993 community image portion of the Specific Plan and advised that this project will not be an enhancement, but rather a total detraction from the area. He felt the most important criteria is traffic, and this proposal will create congestion around the school and an unsafe atmosphere for the children. There clearly is an issue here and to do it under a Plot Plan approval as opposed to a formal public hearing and an environmental study and a traffic study, he felt is a concern. Condition No.28 of the Specific Plan says that all such types of maintenance yards must be approved through the approval process of the City Council, not the Planning Commission. He believed that this project is inconsistent with the City's standard land use and circulation elements of the General Plan. Delores Ballestreros, 43-635 Via Vatalona, Palm Desert, Superintendent of the Desert Sands Unified School District, advised that she was not representing the School District because they have not had an opportunity to review or discuss this project, but she has received many calls from those concerned about the wall and reappearing graffiti and toxic chemicals proposed to be stored on this property. These concerns have been addressed somewhat with the pyracantha planting and that chemicals will be in a secured facility. Marsha Hanover, resident of Painted Cove and registered nurse with a degree in public health, commented that she has been working over the past 10 years on earthquake preparedness programs in Los Angeles. She does not trust these fueling facilities because in 1971 she was involved in a search and rescue of a state-of-the-art facility. She was very concerned with such a dangerous facility near so many children congregated in one area. She hoped that the City doesn't take any risk and sustain any potential liability for our children. Richard Steinky, 79-045 River Rock, stated that his living room faces the proposed site and an 8-foot wall will not block the view of this facility. He stated he shares the concerns of the Bajada Homeowners Association and the adjacent property owners, noting 100% of the property owners and homeowners in Bajada oppose it. He stated that it will be impossible to block the view totally of these structures and asked that these concerns be considered. Mr. Elderite, felt that this project will be a detriment to the neighborhood as it's a noise and traffic problem. He believed that it can be located in a better place, and even though 50th and Park Avenue is Rancho La Quinta's back door, it is their front entrance and they want it to remain the same. Robert Bass, 50-205 Mt. Shadows Road in the Painted Cove Development, spoke in opposition to the proposed project and commented that 50th and Park Avenue is also his front door. He stated that they are already facing traffic and noise problems. Placing this project there will place children in extreme danger, and the noise of the machinery will be a detriment to their education. He, too, felt there is a better location for this BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 5 December 21, 1993 project. George Hanover, 50-165 Mt. Shadows Road in the Painted Cove Development, felt that this facility will not ehhance any property it will be adjacent to. With a development already in place, he felt that it would be unfair and inequitable to allow a developer to burden adjacent properties and negatively impact the value of their properties instead of his own. The Council has an obligation to the homeowners by not allowing this to happen. especially when there is ample property from which a site selection could be made. Bill Elliott, 50-205 Grand Traverse, Member of the Board of Directors of the Desert Fairways Homeowners Association, stated that many of his concerns were clearly brought up by others. He commented that the bottom line is if it takes such a large amount of money to mitigate the many concerns and problems, it doesn't belong at that location. It can be built in another location where it will place the least number of people in danger. Phillip Shamis, 78-955 Delmonti Court at the Fairways, complimented Mr. Strothers for Rancho La Quinta but did not understand how this proposal was approved by the Planning Commission because the safety of the children should have been their first concern. He suggested that Mr. Strothers withdraw his request before the Council makes a decision because there must be a better alternative location In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that the general zoning would not be applicable once a Specific Plan is adopted for a particular area. Therefore, when the Specific Plan was adopted it was found to be consistent with the General Plan and would be the controlling zoning document. She did not know if a tentative tract map has been approved for the location of the proposed project. Mr. Sawa advised that there has not been. Ms. Honeywell suggested that a Plot Plan review be done in conjunction with a proposed tentative tract map for the specific location at which it was going to be addressed as then the environmental review would be done as required for approval of the map. She noted that it may not have happened because the Specific Plan contemplated that a maintenance facility of this sort was to be located somewhere on the project and provided for a plot plan review of it. She felt it would be more appropriate that it not be processed in absence of a tract map for the specific location to which it is to be constructed. Therefore, she recommended that the Council may wish to consider deferring consideration on the plot plan until there has been a subdivision map review and approval for this particular location, which would require a public hearing. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 6 December 21, 1993 Council Member Sniff felt based on these comments that it should be referred back to staff and go through an orderly legal process. Ms. Honeywell advised that Council could grant one of the appeals to deny the Plot Plan in its currently proposed state with the recommendation that it be reprocessed along with a tract map application. Mayor Pena felt that would be the appropriate action to take because the City could be challenged on that point alone. Council Member Sniff concurred. Council Member Perkins was not sure if that's the proper action to take and asked if it was necessary to take that action. Ms. Honeywell commented that she was concerned about the City allowing any kind of development on a piece of property that doesn't have a tract map in place. She advised that the Council could go ahead on the authority that all that was specifically required was a plot plan review, however, the City would be on more sound legal ground by requiring a tract map with concurrent CEQA processing. Council Member Perkins felt that in fairness to everyone concerned, the Council needs to decide whether or not to uphold the decision of the Planning Commission or else indicate what the general feelings of the Council might be toward this particular project for the benefit of both the developer and the appellants. Mayor Pena concurred, because they would not want the applicant to go through the process again to only have it denied. Council Member Perkins complimented the developer on the excellent job in the design and planning of the maintenance facility. He understood that the doors of the facility will be kept closed, but there is a human factor involved and he asked who will supervise that. He referred to the board statement made in Condition No.12 and questioned how the noise and odors can be enforced. He was also concerned about traffic. He felt that his proposal could be considered an attractive nuisance, and he wasn't willing to take any chance of any hazard or danger from this facility involving the children or residents in the area He questioned the appropriateness of allowing a maintenance building in the location where people have bought assuming that the area would remain residential. He could not in good conscience support the proposed location. Council Member Sniff commented that the issue is not design but location. It is the wrong location and he could not support it because there are too many negative issues. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 7 December 21, 1993 The neighborhood is affected including the residents, he schools, the YMCA, the Boys and Girls Club, and the traffic. It is a fine design for the wrong location. He would like this proposal reconsidered by the developer and placed at another location that is less intrusive to everyone concerned. He felt badly that this project has gotten as far as it has. Council Member Bangerter complimented Mr. Strothers on his project and commented that it is already highly acclaimed everywhere, and the City is proud to have it in La Quinta. However, she expressed her concerned about the walls and traffic and could not support this project in the proposed location with a good conscience when children could be placed at risk. Council Member McCartney stated that he, too, could not support the location of this project, because under no circumstances, could he live with 2,000 gallons of flammable gasoline and diesel within a very short proximity of the schools and the Boys and Girls Club when it only takes one mistake to create a major disaster. He commended the developer for his efforts and apologized, because he felt that he has been led astray. Mr. Strother stated that Rancho La Quinta is here to improve this community and not to cause any problems. Therefore, he felt that it would be best to find another location and proceeded to withdraw their application. Mayor Pena thanked Mr. Strothers and stated that he has been a very valuable member of the development community. The City and Planning staff will work with him to find an alternate site that will be acceptable to all those concerned. He also thanked the residents for the way they have conducted themselves. In response to Council Member Sniff, Ms. Honeywell advised that Mr. Strother's withdrawal will be documented in the record as part of the minutes. Mayor Pena noted for the record that the applicant withdrew his application and no further action was taken. 2. REPORT OF PLANNING COMMISSION ACTION ON PLOT PLAN 93-516, APPROVING PRELIMINARY LANDSCAPING PLANS FOR THE MAIN ENTRY ROAD & CASITA AREA & LANDSCAPING & ARCHITECTURAL PLANS FOR THE RACQUET CLUB WITHIN RANCHO LA QUINTA SOUTH OF 48TH AVENUE, EAST OF WASHINGTON STREET. APPLICANT: TD DESERT DEVELOPMENT CHUCK STROTHER). Mr. Sawa, Principal Planner, advised that on December 14, 1993, the Planning Commission approved the preliminary landscaping plans for the main entry road and the BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 8 December 21, 1993 Casita area and for landscaping and architectural plans for the Racquet Club area within Rancho La Quinta. The main entry road enters from Eisenhower Drive running eastward and borders along the northern portion of the property ending at the Racquet Club area. The elevations for the Racquet Club building were displayed depicting the architectural style. MOTION It was moved by Council Members Sniff/Bangerter to accept for file the report of action taken by the Planning Commission on Plot Plan 93-516 subject to conditions. Motion carried unanimously. MINUTE ORDER NO. 93-258.<? 3. CONSIDERATION OF SPECIAL ADVERTISING DEVICE 93-038 FOR APPROVAL OF SUBDIVISION FLAGS FOR RANCHO LA QUINTA" ON THE EAST SIDE OF WASHINGTON STREET AT EISENHOWER DRIVE. APPLICANT: TD DESERT DEVELOPMENT CHUCK STROTHER). MOTION It was moved by Council Members Sniff/Bangerter to approve Special Advertising Device 93-038 for approval of subdivision flags for Rancho La Quinta on the east side of Washington Street at Eisenhower Drive TD Desert Development, Chuck Strother. In response to Council Member Mccartney, Council Member Sniff advised that Council is approving the use of 21 flags. Motion carried with Council Member McCartney voting NO. MINUTE ORDER NO. 93-259. 4. CONSIDERATION OF APPOINTMENT OF A REPRESENTATIVE TO WORK ON A NINE-MEMBER CVAG MATERIAL RECOVERY FACILITY MRf? TASK FORCE. Council Member McCartney abstained due to a conflict of interest and left the dais. Fred Baker, Principal Planner, advised that CVAG is forming a Material Recovery Facility Task Force to develop a Request for Proposals to build and operate a Material Recovery Facility MRF) in the Coachella Valley. CVAG is requesting that each City appoint an elected representative with the appropriate technical staff to support this 10 month effort. Four cities have already appointed elected officials, and three cities have appointed technical staff. Staff recommended the appointment of an elected official with technical staff support. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 9 December21, 1993 Mayor Pena suggested appointing an alternate elected official, because there will be a significant amount of meetings to attend. He advised that CVAG is looking at a fast time frame, and they will be needing decision making powers on minor issues and decisions on major issues will go back to each City for City Council approval. Mr. Baker stated that CVAG is planning on three major decisions being brought back on site selection, waste stream commitments, and the final RFP. In response to Council Member Bangerter, Mr. Baker advised that at this time we do not know if the City is meeting the requirements of AB 939. He advised that the State has changed the rules by which we calculate meeting waste diversion. The goals are being met in termS of the segment of our waste Stream, but another study has not been completed to determine if we are meeting our goals for the uncompacted waste stream. The MRF will help the City meet its 50% goal by recovering all of the recyclables in the waste stream and putting them out to market. Mayor Pena advised that this committee is looking at siting the MRF, as well as getting the appropriate approvals throughout the Valley to have the waste streams met. In response to Mayor Pena, Mr. Baker advised that the consultant will enhance our diversion program. He noted that the County of Riverside is now responsible for tracking waste, because all of the waste that will be measured is not in terms of recyclables, but how much is diverted from the landfills. We will be working with the consultant and the County to identify how much waste is coming in and compare that to the original baseline study done in 1989. Council Member Sniff concurred with appointing an alternate. Mayor Pena stated that he would be interested in serving on this committee because he has been on the committee since its inception and he is somewhat familiar with the process. Council Member Sniff felt that it would be appropriate for both of them to serve on this committee, because he attends the Energy Environment meetings. MOTION It was moved by Council Members Bangerter/Pena to appoint Mayor Pena and Council Member Sniff, as the alternate, as Council representatives with the technical staff person being Fred Baker to the CVAG Material Recovery Facility MRF) Task Force. Motion carried with Council Member McCartney absent. MINUTE ORDER NO.93-260. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 10 December 21, 1993 5. STREET NAME CHANGE 93-005 CONSIDERATION OF STREET NAME CHANGE FROM W. HARLAND DR. TO FORBES CIRCLE AND FROM LOWE DRIVE TO BRADFORD CIRCLE FOR STREETS LOCATED NORTH OF MILES AVENUTE, EAST OF WASHINGTON STREET WITHIN TRACT 23268. APPLICANT: CITY OF LA QUINTA. Mr. Sawa, Principal Planner, advised that a request for a street name change has been initiated by staff in order to eliminate confusion among streets within Tract 23262 and Tract 23971. Through final approval of these tracts, they were inter-connected creating the problem of one street less than one mile having three different names and another street with two names. Staff recommended West Harland Drive be changed to Forbes Circle and Lowe Drive be changed to Bradford Circle. The property owners have been made aware of the application and have not indicated any objection to these changes. The Planning Commission has recommended approval of this request. In response to Council Member Perkins, Mr. Sawa advised that there are no homes affected by this change. In response to Council Member Sniff, Mr. Sawa advised that the developers of the individual tracts submitted the names of the streets. RESOLUTION NO.93-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING STREET NAME CHANGES WITHIN TRACT 23268. CASE NO. STREET NAME CHANGE 93-005- CITY OF LA QUINTA. MOTION It was moved by Council Members Sniff/Bangerter that Resolution No.93- 101 be adopted as submitted. Motion carried unanimously. 6. CONSIDERATION OF INTERIM STREET IMPROVEMENTS IN THE INDIAN SPRINGS AREA: A. APPROVAL OF REIMBURSEMENT AGREEMENT WITH THE CITY OF INDIO. B. CALL FOR BIDS FOR INTERIM STREET IMPROVEMENTS. Mr. Reynolds, City Engineer, advised that the 1993/94 budget provided for interim improvements in the Indian Springs area. The plans are prepared and the City of Indio has agreed to participate in the project by funding the improvements on the north side of Westward Ho, which is in the City of Indio. Staff recommended approval of the Reimbursement Agreement with the City of Indio and authorize the call for bids. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 1 December 21, 993 Council Member Perkins felt that this was a good move and complimented both Council Member McCartney and staff on working with the City of Indio on this project. Mayor Pena noted that this is Mr. Reynolds' last report as a City employee and thanked him on behalf of the Council for his many years of dedication. Mr. Reynolds expressed his appreciation for the support given to the Public Works Department. Council Member. Perkins concurred with Mayor Pena and stated that he respects him for his knowledge and integrity. MOTION It was moved by Council Members Sniff/McCartney to approve the Reimbursement Agreement with the City of Indio and authorize the call for bids for interim street improvements in the Indian Springs area. Motion carried unanimously. MINUTE ORDER NO 93-261. 7. CONSIDERATION OF CREATION O? A YOUTH ADVISORY COMMITTEE. Mr. Bohien, Parks & Recreation Director, advised that on November 2, 1993 staff presented a report reviewing formats for a Youth Advisory Committee for the City of La Quinta. The three formats reviewed by staff were Davis, Simi valley and WeSt Sacramento. He advised that staff has addressed in the staff report Council's concerns and suggestions that were made at that time. Council Member Sniff questioned whether it's appropriate to direct the Community Services Commission to be fully involved in this process when there may be a major change taking place with this Commission within the next few months. Council Member Perkins concurred and suggested moving ahead with this leaving out the involvement of the Community Services Commission until a decision has been made. Council Member Sniff concurred. Mayor Pena didn't have a problem with that and stated that he would also like to move forward. Should the reconstitution of the CSC come about, then this issue could be re- addressed. In response to Mr. Hunt, City Manager, Mayor Pena stated that the Youth Advisory Committee will report to the Parks and Recreation Director. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 12 December 21, 1993 In response to Council Member Bangerter, Mr. Bohien advised that the member at large could be someone selected from the Christian School of the Desert, Amistad Continuation High School, or Coachella Valley High. Council Member McCartney felt that because this is a first-time committee, there should be a time-frame established for Council review. Council concurred to review the committee one year from its inception. MOTION It was moved by Council Members SniffiBangerter to authorize the creation of a Youth Advisory Committee; direct the Parks and Recreation Department to begin recruitment on February 1, 1994 for Youth Advisory Committee members; allocate $625 for the Youth Advisory Committee operating expenses from the Special Projects Contingency account within the legislative budget, and that this committee have a complete review at the end of one year. Motion carried unanimously. MINUTE ORDER NO.93-262. 8. CONSIDERATION OF SUNLINE TRANSIT AGENCY'S REQUEST FOR PROPOSED BUS STOPS ON WASHINGTON AT EISENHOWER. Mr. Speer, Ass't. City Engineer, advised that SunLine Transit Agency has requested two bus Stops on Washington Street near Eisenhower, at the present time, no bus stops have been planned for that location. The Washington Street General Plan designates Washington Street to be developed into a six lane facility, in which the outside lanes would be against the curb. When this happens, bus pull-outs are normally installed for the bus stops in order to get the bus out of the traffic lane. However, because bus turnouts are not currently available or planned in the near luture, staff recommends that the third lane not be opened to traffic, but instead, to stripe the street for two lanes in each direction until these provisions can be made. Dennis Guinaw, Director of Special Services for SunLine Transit Agency, concurred with staff's report with the caveat that should Washington be developed into a six lane configuration, that bus turnouts be installed. In response to Council Member Perkins, Mr. Guinaw agreed to consider a southbound far side stop because of the predominant right turn movement on Eisenhower. Council Member Perkins appreciated SunLine's efforts and noted that there is only one bus stop between Hwy. 111 and in front of City Hall. He felt this is long overdue and strongly urged the City Council to approve this request. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 13 December 21, 1993 Mayor Pena stated that the reason for so few of bus stops is because there had not been a demand for ridership in that area. MOTION It was moved by Council Members Perkins/Sniff to approve SunLine's request for bus stops on Washington and Eisenhower and request their consideratton for a southbound far side bus stop. Council Member McCartney commented on Council Member Perkins' diligence and patience in this matter to see it go forward. Mr. Speer stated that the proposal from Sunline is requesting a near side, southbound stop which can be accommodated by moving the bus stop approximately 200 feet away from Eisenhower which would not work a hardship on the patrons for the buses and would still be able to maintain an exclusive right turn lane for traffic on Eisenhower. He further stated that there is no sidewalk south of the intersection, and it would be very confined with only six feet between the curb line and the oleanders putting the pedestrians close to the curb. With this in mind, he recommended honoring Sunline's request to put the bus stop on the near side of the intersection. Council Member Perkins stated that going southbound on Eisenhower during peak hours, 15 to 30 cars stack up to make a right turn and if Sunline could do it and if the City needs to put in a short sidewalk to acconimodate this stop, he would like to have the bus stop installed on the south side for safety purposes. Motion carries unanimously. MINUTE ORDER NO. 93-263 9. CONSIDERATION OF NOMINEE FOR LIVING FOR YOUR 90'S." Mr. Genovese, Ass't City Manager, advised that notification has been received of the third annual Living for Your 90's' Senior Inspiration Awards. Council action is requested pertaining to the approval of sponsorship of the program, as well as the purchase of two tables and a recipient award for the event. One nomination has been received for the La Quinta honoree, Grace Mulcahey, Treasurer of the Friends of the La Quinta Center. She meets all of the requirements outlined in the program. MOTION It was moved by Council Members Bangerter/Sniff to approve the sponsorship for the Living for Your 90's" Senior Inspiration Awards and the acquisition of two tables at the total cost of $435 for the event and select as our Honoree, Grace Mulcahey, for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO. 93-264 BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 14 December 21, 1993 10. CONSIDERATION OF APPROVAL OF A TRANSFER FROM THE GENERAL FUND TO THE GAS TAX FUND. Mr. Genovese, Ass't. City Manager, advised that this is a clean-up item in the current year S budget. MOTION It was moved by Council Members Sniff/Bangerter to approve an additional appropriation of $14,060 from the General Fund reserves to the Gas Tax Fund for traffic signal maintenance. Motion carried unanimously. MINUTE ORDER NO.93-265. 11. CONSIDERATION OF RESOLUTION DETERMINING THAT THE USE OF CERTAIN REAL PROPERTY LANDMARK LAND CO.) FOR PUBLIC IMPROVEMENTS IS OF PUBLIC BENEFIT TO THE REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORIIOOD IN WHICH THE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS. Mr. Genovese, Ass't. City Manager, advised that the Agency has completed negotiations with Landmark Land of California and the Resolution Trust Corporation relative to the acquisition of a 36 acre site north of Tampico. Under the terms of the proposed purchase and sale agreement for acquisition of this site, the City and the Redevelopment Agency have provided as part of the negotiations a right for the seller to evacuate water from the adjoining site to the City's flood water evacuation system as referenced in the proposed resolution and Public Improvement Agreement. Any increase in the line capacity as a result of the additional flow would be at the expense of Landmark Land. Staff requested approval of the Improvement Agreement and the proposed resolution. Council Member Sniff asked if Landmark Land was viable and functional. Mr. Genovese advised that any transfer of rights would go to the new landowner. RESOLUTION NO.93-102 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DETERMINING THAT THE USE OF CERTAIN REAL PROPERTY FOR PUBLIC IMPROVEMENTS IS OF PUBLIC BENEFIT TO THE REDEVELOPMENT PROJECT AND THE IMMEDIATE NEIGHBORHOOD IN WHICH THE PROJECT IS LOCATED AND DETERMINING THAT THERE ARE NO OTHER REASONABLE MEANS OF FINANCING SAID PUBLIC IMPROVEMENTS. It was moved by Council Members Sniff/Bangerter that Resolution No. 93-102 be adopted as submitted. Motion carried unanimously. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 15 December 21, 1993 12. CONSIDERATION OF MAKING CERTAIN FINDINGS WITH RESPECT TO A CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KOENIG COMPANIES. Mr. Genovese, Ass't. City Manager, advised that the Koenig Companies are proposing to develop an 86,000 sq. ft. neighborhood commercial center at the northwest corner of Washington Street and Calle Tampico. The developer is requesting financial assistance from the Agency of $125,000 for the cost of the construction of three traffic signals that would serve the center and the surrounding area. Should the Agency approve the Owner Participation Agreement, the proposed resolution is necessary for the Council to make certain findings Approval of the resolution does not constitute approval of the Owner Participation Agreement, but it is a requirement in order to move forward with that consideration. In response to Council Member McCartney, Ms. Honeywell, City Attorney advised that in order for the agreement to be effective, it is necessary to have the resolution of the Agency and of the City. She further advised that the Owner Participation Agreement has a schedule of performance by which the developer has to perform. In response to Council Member Sniff, Ms. Honeywell advised that she believes that construction must be started by April, 1995. Council Member Sniff asked what constitutes the start of construction. Ms. Honeywell advised that it is normally the combination of pulling a building permit and starting to move dirt around on the site. Council Member Sniff felt that it is important to have a Set time and that its implementation be meaningful because the City has done this in the past and nothing happened. Ms. Honeywell advised that there is also a requirement in the schedule of performance that the construction be completed by a certain time. In response to Mayor Pena, Mr. Koenig advised that he anticipates beginning construction about the middle of April, 1994. RESOLUTION NO.93-103 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA MAKING CERTAIN FINDINGS WITH RESPECT TO A CERTAIN OWNER PARTICIPATION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KOENIG COMPANIES. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 16 December 21, 1993 It was moved by Council Members Bangerter/Sniff that Resolution No. 93?1O3 be adopted as submitted. Motion carried unanimously. 13. CONSIDERATION OF RESOLUTION CONSENTING TO THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND MAKING CERTAIN FINDINGS. Mr. Genovese, Ass't City Manager, requested that this item be continued until the evening session after Closed Session. MOTION It was moved by Council Members Sniff/MeCaitney that this item be continued until later this evening after the Closed Session. Motion carried unanimously. MINUTE ORDER NO.93-266. 14. SECOND READING OF ORDINANCE ORDINANCE NO.239 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 91- 066 AND CONFIRMING THE ENVIRONMENTAL DETERMINATION. CASE NO. CZ 91-066- LA QUINTA VILLAGE JASCORP). It was moved by Council Members Bangerter/McCartney that Ordinance No.239 be adopted on second reading. Passed by the following vote: AYES: Council Members Bangerter, McCartney, Mayor Pena NOES: Council Members Perkins, Sniff ABSTAIN: None ABSENT: None BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 17 December21, 1993 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 21, 1993. 2. APPROVAL OF BUSINESS AGREEMENT FOR PARKING CITATION REARING EXAMINER BETWEEN THE CITIES OF PALM DESERT, RANCHO MIRAGE AND LA QUINTA. 3. AUTHORIZATION FOR PARKS AND RECREATION DIRECTOR, COMMUNITY SERVICES COMMISSIONER DICKENS AND SENIOR CENTER COORDINATOR TO ATTEND THE EEBRUARY 3-6,1994 CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE. MOTION I? was moved by Council Members Sniff/Bangerter to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO.93- 267. STUDY SESSION DEPARTMENT REPORTS Mrs. Jubola, City Clerk, advised that Bill Hersey, Producer of Desert Watch which is a television show on KESQ, has been doing a number of community service type programs Tapes were left for Council's review). The cost of the series from December through March is $10,620, and he is looking for three cities to sponsor this program at a cost of $3,500 each. Cathedral City and Indio may be interested in becoming a sponsor. She asked if the Council would be interested in considering this proposal before spending any additional staff time on it. Council Member Sniff stated that he had never seen it and asked what the program is about. Mayor Pena suggested reviewing the tape during the evening portion of the meeting. Mrs. Juhola stated that Jim Ducatte from the Boys and Girls Club advised that the Board would like to take the Council to lunch as a thar'k you and an appreciation. Mayor Pena suggested finding a date that is agreeable and then schedule it accordingly. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 18 December 21, 1993 Mr. Bohien, Parks and Recreation Director, suggested that the joint meeting with the Community Services Commission be held on January 15, 1994. Council Member Sniff felt that this meeting would consume several hours because of the number of different subjects that need to be covered and possibly the formation of new commissions. Mayor Pena suggested meeting around 5 p.m. and work through the dinner hour. Council Members Bangerter and McCartney concurred. Council Member Sniff stated that the format previously discussed was for the Council to meet and discuss the issues, then meet with the Community Services Commission, and then the Council would meet once again to further the issues. Mayor Pena stated that if they met on the 24th, they could schedule their meeting sometime before this date. Mr. Bohien. advised that the Commission is under the impression that the Council would like to discuss with them the proposed work plan, the cultural affairs commission issue, and the future of the Community Services Commission. Council Member Sniff felt that the future of the Commission should be discussed first because the work plan would be irrelevant if changes were made. Council concurred on meeting on January 24, 1994 at 6 P.M. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF REQUEST TO PLACE ANTIQUITIES & OBIECTS OF ART IN THE CIVIC CENTER. Mayor Pena advised that various people have approached the City desiring to display various pieces of art in the Civic Center. He felt that this should be sent to the Arts in Public Places Committee for their comments and evaluation. In response to Council Member Bangerter, Mayor Pena stated that the committee could recommend the type of art to be displayed and Set up guidelines as to what can be accepted. He suggested that they screen the art work before displaying it BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 19 December21, 1993 Council Member Perkins felt local artists should have top priority. Mayor Pena advised that the requests are being made by local artists and a policy is needed to address the issue. Council Member Sniff felt that it would be inappropriate to have the art pieces on display for sale and pre-thought should be given on the Council's part before forwarding this on to the Arts in Public Places Committee. Mayor Pena felt that the City should take advantage of this opportunity. Council Member Bangerter felt a specific policy should be in place designating areas to display the art pieces. She was supportive of this request especially if local artists were involved and suggested displaying art work depicting the history of our community and the Valley. Council concurred in forwarding this request to the Arts in Public Places Committee for their consideration. Ms. Honeywell, City Attorney, suggested giving her authorization to look into any first amendment issues that could come up in creating a new public forum for the display of art pieces because art is considered a form of communication. Once opened to one artist, the Council may have difficulty refusing art work they may feel is inappropriate. Council Member Perkins stated his concern about controlling pornographic material. Ms. Honeywell advised that there are some tricky issues that need to be resolved before proceeding because of the fact that art is a form of speech. There needs to be controls set before allowing use of the facility. 2. DISCUSSION AND CONSIDERATION OF SUNLINE SERVICES GROUP AGREEMENT. MOTION It was moved by Mayor Pena?Council Member Bangerter to put the matter of the SunLine Services Group back on the table for discussion. Council Member Sniff commented that this is a work in progress and felt it was inappropriate until SunLine takes action on the recommendations made relative to this issue. Until those issues have been resolved, it should not be pursued any further. He felt that if we proceed in this fashion, we could lose what leverage we have. He wished to work in cooperation with SunLine, as well as Surline working with the cities. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 20 December 21, 1993 Council Member McCartney concurred. In response to Council Member Perkins, Mayor Pena advised that the motion is to bring this matter back on the table for discussion. Motion carried with Council Members McCartney/Sniff voting NO. MINUTE ORDER NO.93-268. In response to Mayor Pena, Dennis Guinaw of Surline advised that nine members have agreed to join the Surime Services Group and their first organizational meeting was held this past week where they elected officers and authorized implementation of the agreement with the City of Palm Desert and the County. Mayor Pena noted that the SunLine Services Group does removal of graffiti and provides compressed natural gas. In response to Council Member Bangerter, Mr. Guinaw advised that a two-thirds vote is required to add any new activity to the duties of the SunLine Services Group as well as an implementation agreement. Council Member Sniff pointed Out that this is interrelated with taxicabs and it will still be discussed by a sub-committee. He noted that the taxicab industry needs to be represented. Mayor Pena stated that the SunLine Services Group is only dealing with two different issues as agreed to in the proposed agreement. The taxi issue is no longer a part of this group. Because the City is not a member of the SunLine Services Group, we are losing the tunds needed to convert our vehicles to natural gas, and we currently have no representation on how the committee is to be formed. In response to Mayor Pena, Council Member Sniff wished to see a separate board in place before going any further. Therefore, he did not want to participate until it has become a reality. In response to Council Member Perkins, Mr. Guinaw advised that it is SutiLine Services Group intent to eventually regulate the taxicab industry. He further added that if the City joins the group we are not obligated to take advantage of the graffiti services offered. Council Member Perkins commented that the City could regulate our own taxicabs. He could not understand why it cost $4,000 per year for a business license for taxicabs. He would move forward if this were a separate issue and the City was not bound. Mayor Pena advised that the State requires all cities and counties to regulate taxicabs, which SunLine is equipped to handle. He suggested continuin? this discussion until the first meeting in February. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 21 December 21, 1993 MOTION It was moved by Council Members Perkins/Bangerter to continue this matter to the first meeting in February. Council Member Sniff felt that it should be tabled once again. Continuing this would be a mistake. When this is discussed and action taken by Surline, then we can discuss it. Council Member Perkins felt that tabling it would give an indication that we are not concerned, but by doing this lets them know that we are interested and willing to work out the problems. Council Member Bangerter agreed with the taxicab issue but could not see leaving it on the table. She felt a decision needs to be made one way or the other when definite inforrnation is received. Council Member McCartney felt that we need substance and action needs to be taken when a point of decision has been reached. Motion carried with Council Members Sniff/McCartney voting NO. MINUTE ORDER NO.93-269. 3. DISCUSSION OF RECONSIDERATION OF PROPOSED AMENDMENT TO THE VILLAGE SPECIFIC PLAN." Mayor Pena and Council Member Bangerter abstained due to conflicts of interest and left the dais. Council Member Perkins stated that he has given a t of thought to the change around the park and reviewed some of the traffic proble 5 which has caused him to look differently at this issue. He commented that safety takes precedence and he is against removing any portion of the park. He felt changi this to a one-way street is not a disservice to the community and does not cause any roblems for the residents. He also felt that the survey should be discontinued. Council Member McCartney concurred and comment d that the safety of that area during the months ahead is his primary concern and would l'ke to move forward expeditiously. He also felt that the survey was unnecessary. Council Member Sniff favored two-way streets. If a one-way street is implemented, he felt that the business community would not be well served. The issue of safety can be addressed. The people need to be able to move with ease so that they can access the various parcels and the businesses can be well served. There has not been a sign of any problems with two-way streets nor has there been any accidents. The property owners BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 22 December 21, 1993 favor two-way streets, therefore, he cannot support this idea. He also had a problem with the survey and further asked that Council rethink this issue. Council Member Perkins felt that a one-way street should be implemented on a trial basis. Audrey Ostrowsky, P.O. Box 351, felt that the City has been trying to destroy the downtown area. A one-way street will ruin commercial property. She asked that the City work with those affected and discuss it before making a final decision. MOTION It was moved by Council Members PerkinslMcCartney to direct staff to bring back an amendment to the Village Specific Plan. Motion carried with Council Member Sniff voting NO and Mayor Pena and Council Member Bangerter absent. MINUTE ORDER NO.93-270. Council directed staff not to proceed with the survey. CLOSED SESSION A. DISCUSSION OF ONGOING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 1. PRIMERIT BANK CASE NO.71942 2. HUDSON VS CITY OF LA QUINTA CASE NO.1-68259 B. DISCUSSION OF ONGOING LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9(A)] 1. RIVERSIDE COUNTY INTERPLEADER ACTION CASE NO.23499 C. DISCUSSION OF PERSONNEL PURSUANT TO GOVERNMENT CODE SECTION 54957 1. EVALUATION PROCESS FOR COUNCIL-APPOINTED POSITIONS 7:00 P.M. COUNCIL RECONVENED Ms. Honeywell, City Attorney, advised that the City Council has concluded a Closed Session under Government Code Section 54956.9 in which they took action by a unanimous vote to approve a settlement and replacement cooperation agreement with the County of Riverside. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 23 December 21, 1993 STUDY SESSION 1. REVIEW AND DISCUSSION OF A CITY-WIDE DRAIT NOISE CONTROL ORDINANCE. Mr. Nesbit, Associate Planner, referred to the draft noise control ordinance, which staff has been working on for the past few months. The draft ordinance was circulated to outside agencies and internally, and as a result, there have been some comments made. Based on those comments, some recontrnended changes are incorporated in the staff report. Council Member Bangerter questioned the enforceability of it and Mr. Nesbit felt that enforcement will be subject to how rigidly the City wishes to see it enforced. One concern which surfaced during the review was how to enforce a situation when there are several different noise sources in one area that are creating a disturbance and how they are isolated. Some special training or reference materials may be needed for those kinds of special situations. Council Member McCartney asked if staff has looked at how this program could pay for itself. as it appears that there will be some initial costs with the purchase of sound meters, etc. Mr. Nesbit advised that he has not seen any examples of fees attached to an ordinance such as this, except through the issuance of citations, but staff could explore it. Mayor Pena's concern related to air quality and comrnented that we are currently members of the South Coast Air Quality Management District and asked if we have given any thought to withdrawing from this District and joining the upper-desert District in which there would be more compatibility. Mr. Nesbit advised that CVAG is currently looking at trying to get us relieved from the SCAQMD's policies related to ozone. Mayor Pena wished to see staff do some research on the process of withdrawing from the SCAQMD. Council Member Perkins referred to Page 12 regarding the definition and regulation of leaf blowers and stated that the reason for requesting information on this matter was relative to eliminating leaf blowers and only allowing a vacuum system. He believed that Rancho Mirage has a similar regulation. He didn't see how a leaf blower could be operated without keeping the dust from blowing all over. He commented that all the cities are committed to eliminating PM1O and leaf blowers are one of the worst offenders. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 24 December 21, 1993 Allan Levin, representing the BIA, advised that the BIA has been pursuing de-arnexation from the SCAQMD and associating with the Mojave Air Quality Management District. They have discussed this with Mayor Wilson of Palm Desert, who says that at this point, they haven't said if they will oppose secession of the desert, that it's still in the discussion stages. Council Member McCartney wished to see these regulations used as part of the City's overall environmental impact studies. Since it would be an additional area to look at that may need to be mitigated, we may be able to charge a fee to recoup the City's cost of implementing such an ordinance. Mr. Nesbit advised that we currently require noise studies for all projects and we could refer to that in the ordinance. Mayor Pena didn't wish to see the City get involved in something complicated when we started Out just looking at leaf blowers. He didn't wish to see us get overly-regulated and he felt that the draft ordinance was too all-inclusive. Council Member McCartney agreed, but felt that people deserve to be able to enjoy their property peacefully without undue noise, distraction and nuisance. He commended staff on their comprehensive ordinance, but agreed with the Mayor that it needs trimming down. Council Member Sniff agreed that it's too inclusive, unenforceable and excessively complex. He asked why the issue of leaf blowers couldn't be addressed without getting into comprehensive regulations. Mr. Hunt, City Manager, advised that the General Plan states that the City shall have a noise control ordinance. The intent here was to present something all-inclusive to the Council and let them slim it down. He recommended that staff be given the opportunity to slim it down in accordance with Council's comments. Council concurred. Council Member McCartney referred to Section 11.74.210 relative to pre-existing noise sources, it appears that one would have to go out and establish a baseline for existing noise and mark it. Mr. Hunt advised that staff will give that section further review. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 25 December 21, 1993 2. REVIEW AND DISCUSSION OF CITY ENTRY SIGNS FOR USE THROUGHOUT THE CITY. Mr. Sawa, Principal Planner, reviewed the history of City entry signs which began about three years ago when the Design Review Board and Planning Comrnission came up with a design which is contained in the staff report. However, no action was taken because the Civic Center was under construction and there was discussion about having the signs reflect the Civic Center signage. The cost estimate to construct one sign is $8,000. Staff is asking for approval of the design and authorization for staff to prepare plans and specifications and to initiate discussion with the impacted property owners regarding the needed right-of-way. Mayor Pena suggested that we have a mock-up down including color prior to construction. Mr. Hunt, City Manager, advised that staff is asking authorization to prepare plans and specifications in order to get a better feel for what the actual cost might be. There is no intention to move forward without coming back to the Council with a mock-up and actual cost. Council Member Perkins noted that a decision needs to be made on whether or not the sign should say La Quinta" or City of La Quinta" and he also questioned the third site. Council Member Sniff felt that the two sites on Highway 111 are essential. He felt that the sign should be attractive and easily readable and give people a sense that they've entered a special community. He agreed that the Council needs to see a mock-up with colors. Council Member McCartney asked why the Design Review Board and Planning Commission recommended Helvetika lettering. He preferred to see something more like the lettering on the Civic Center signage. He suggested using several different fonts for the mock-up. Council concurred on staff being instructed to begin right-of-way negotiations and also concurred on using City of La Quinta" as opposed to La Quinta." 3. DISCUSSION REGARDING LA QUINTA HIGH SCHOOL BOUNDARY DETERMINATION PROCESS. Mr. Genovese, Ass't. City Manager, advised that Desert Sands Unified School District is presently reviewing its' attendance boundaries for La Quinta High School. He noted BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 26 December 21, 1993 that the proposed boundaries are included in the staff report and that the District has scheduled hearings for the purpose of obtaining input from the communities. Mayor Pena expressed concern about the proposed boundaries and asked that staff explore the possibility of modification of the school districts boundaries as some of the City's eastern boundaries are within the C. V. Unified School District. Regarding the boundaries for La Quinta High School, he didn't understand the relationship with Indio Hills that would cause the boundaries to be drawn in such a manner. Council concurred in the concern about the proposed boundaries. Mayor Pena suggested that we try to get the word out about the hearings the School will be holding and that our staff is present at the meetings. Mr. Hunt advised that staff also wishes to comment about the EIR in the letter that will be sent and Council concurred. Council Member McCartney expressed concern about the fact that we should also state that if a La Quinta resident has children living in La Quinta that they should be able to go to La Quinta High School. Council concurred. 4. DISCUSSION OF PROPOSED HIGHWAY ill PLANNING AND DESIGN AND CONSULTANT SELECTION PROCESS. Mr. Baker, Principal Planner, advised that with the current and anticipated commercial growth in the Highway 111 corridor, it's important for the City to have a well-defined and distinctive-design image that the Council and citizens can agree on to have a plan fo? functional facilities in this corridor. Staff proposes a unique and competitive design process to hire a design consultant to assist staff in accomplishing this objective. An RFQ would be sent Out to design firms and eight would be selected and they would then prepare renderings of the Highway 111 corridor design concepts or themes at a public forum and public input would be taken on choosing the firm and/or design theme. The public participation process includes all of the landowners in the corridor and would get input from surrounding neighborhoods and would include the appropriate environmental documentation along with a traffic assessment/analysis. At the completion of this process, it could be packaged as a specific plan and take it through the public hearing process. If approved as a specific plan, State Law permits us to assess a charge to the property owners perhaps based upon acreage) for the benefits of that plan that they receive and don't have to do on a project-by-project basis. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 * City Council Minutes 27 December 21, 1993 Chris Clarke, representing STAMKO Development, owner of property along Highway 111, believed that the City needs to form a task force of property owners, along with the BIA, and the retail community before the City embarks on this, because there aren't any goals for Highway 111. This wouldn't cost the City any money and they would arrive at some viable goals. She commented that there are huge off-sites involved for the small property owner, which can be very cumbersome. She felt that this task force recommendation could be made in a relatively short period of time. Council Member Sniff believed that it's essential that the property owners have a significant, up-front opportunity to at least give the City conceptual ideas as to what Highway 111 should look like. However, he was concerned about them getting together at an early date and having some type of firm time-frame in which to produce their comments possibly three months. Council Member Mccartney agreed that the property owners need to be involved and suggested widening the net, because the Highway 111 corridor affects all citizens in La Quinta and there are a lot of people, if given an opportunity, would wish to participate and use their creativity to the City's benefit. He agreed that we need to proceed as quickly as possible and suggested establishing a date and time in January to have a public forum to begin the organizational process as there is an urgency to get the process moving. He also wished to see this group frame both extremes and then go to a consultant and say that it has to be somewhere between these two extremes. Council Member Sniff agreed that ultimately the general public should be involved, but only the property owners and business owners should be involved in the initial process, as they're the ones who will be the most impacted. Council Member Perkins felt that the most important elements involved here are: 1) obtaining the cooperation and assistance of the property owners and 2) finding the proper consultant to design it. He had some qualms with a lot of public input, because the success of Highway 111 corridor is going to be based upon the economic feasibility of whatever goes in. He felt that the process would be delayed significantly by opening it up to public forums because you would get too many ideas as to what should be done. He wished to see the City proceed with a meeting within 30 days and for the staff to continue looking for architectural firms and be able to move on as soon as we receive input from the property owners. Council Member Bangerter felt that the first step is of critical importance and thanked Ms. Clarke for coming forward and being willing to assist the City. Without the cooperation of the property owners, this process would not succeed. She agreed that the task force is the viable way to begin the process. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 28 December 21, 1993 Audrey Ostrowsky, P.O. Box 351, was pleased to see what the Council is planning for Highway 111 and wished to see the same thing applied to the downtown. Mayor Pena suggested that Ms. Clarke meet with the City Manager's staff. MAYOR AND COUNCIL MEMBERS' ITEMS...............CONTINU? 4. DISCUSSION OF CONSOLIDATING TIlE PLANNING COMMISSION AND DESIGN REVIEW BOARD. Council Member Perkins felt that it's time to try to streamline the City Government as much as we can. His recommendation was that the Planning Commission be expanded to a seven-member commission and that the Design Review Board be phased out. The Planning Commission can do basically the same thing the Design Review Board is doing, and this would remove one layer of process for the developer. He also felt that it's a waste of staff time. It would give the Planning Commission the opportunity to have a mini-committee to review designs, etc. Council Member Sniff agreed that a seven-member Planning Commission can deal with all these issues in a positive and professional way. He agreed that it will streamline the system and suggested that it be implemented promptly. Council Member Bangerter felt that the Design Review Board has done a good job, but supported the proposal because it would eliminate a process for the developer. The process would still be there, but they would then be dealing with two bodies instead of three and would eliminate the problem of submitting partial plans because they're trying to get through the process. Council Member McCartney was supportive of the proposal. Allan Levin, representing the Building Industry Association, opposed tlie proposal because the Design Review Board is made up of techrical experts that deal in their everyday life, the kinds of issues the Design Review Board looks at. He agreed that making the same presentation several times is tedious. He would like to see the Design Review Board be more of a decision-making body. The Planning Commission is not comprised of technical experts and it may be difficult to find technical people to serve on the Planning Commission, because they may not wish to deal with plot plans, CUP's, zoning changes, etc. Also, he felt that Planning Commission meetings might become unwieldy in terms of agendas, number of items, length of time they spend reviewing the BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 29 December 21, 1993 technical aspects, so in the long-run, developers' time may not be saved, if it becomes necessary to cut down on the agendas. Mayor Pena felt that the City Council would be charged with the responsibility of appointing responsible people to the Planning Commission that would meet the criteria and encompass not only design review people, but also lay-people to provide the expert opinions on one board. Council concurred on directing staff to come back to the Council with the proper materials to effect the changes to make the Planning Commission a seven?member Board with two of the members having technical expertise be desirable. Council Member Mccartney believed that the members of the Design Review Board should be commended for their work and Council concurred with the Mayor suggesting that they be encouraged to apply for the Planning Commission. CLOSED SESSION a. Discussion of on-going litigation pursuant to Government Code Section 54956.9 1. Irimerit Bank Case No.71942 2. Hudson vs City of La Quinta Case No.1-68259 b. Discussion of on-going litigation pursuant to Government Code Section 54956.9(a) 1. Riverside County Interpleader Action Case no.23499 C. Discussion of personnel pursuant to Government Code Section 54957 1. Evaluation process for Council-appointed positions Council reconvened with no action being taken. BUSINESS SESSION.........CONTINUED 13. CONSIDERATION OF RESOLUTION CONSENTING TO THE EXECUTION OF AN AGREEMENT BY AND BETWEEN TIlE LA QUINTA REDEVELOPMENT AGENCY AND THE DESERT SANDS UNIFIED SCHOOL DISTRICT AND MAKING CERTAIN FINDINGS. RESOLUTION NO.93-104 A RESOLUTION OF THE CITY COUNCIL OF TIlE CITY OF LA QUINTA, CONSENTING TO THE EXECUTION OF AN AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE DESERT SANDS UNWIED SCHOOL DISTRICT AND MAKING CERTAIN FINDINGS. BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02 City Council Minutes 30 December 21, 1993 It was moved by Council Members Bangerter/Sniff that Resolution No. 93-104 be adopted. Motion carried unanirnously. There being no further business, the meeting was adjourned. Res?tful1y submitted UNDRA L JUHO City City of La Quinta California BIB] 01-27-96-U01 01:12:02PM-U01 CCMIN122193-U02