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1989 06 13 CC Minutes LA QUINTA CITY COUNCIL MINUTES JUNE 13, 1989 Special meeting of the La Quinta City Council was called to order at the hour of 7:30 P.M., in the La Quinta Community Center, 77-865 Avenida Montezuma, Mayor Pena presiding, followed by the Pledge of Allegiance. PRESENT: Council Members Bohnenberger, Bosworth, Rushworth, Sniff, Mayor Pena ABSENT: None At this time Mayor Pena opened the meeting to PUBLIC COMMENT. RICHARD MEYER, 81713 Highway 111, Indio, read his letter into the record advising his experience as a developer has been that the developer pays for the cost of improvements for landscape and lighting at the time of the development. When completed, the new project is added to a Landscaping and Lighting Maintenance District. He believed that this is an equitable approach for both those developing their land and for those unable to develop their land. He felt that it would be breach of public trust if undeveloped and agricultural land is taxed to support development and therefore, requested that both undeveloped land and agricultural land be deleted from this assessment. VIRGINIA DAVID, 51780 Avenida Villa, stated her concern regarding the partial paving on Avenida Bermudas which she feels is creating a driving hazard and would like to see this problem resolved. GEORGE HART, 51-837 Mendoza, asked if the City has a Master Plan in which he could anticipate the number of assessments to be placed on the citizens of La Quinta. Mr. Kiedrowski, City Manager, advised that besides the possible formation of the Landscaping and Lighting Assessment District, the only other assessment district was for sewers which covered only one portion of the City. At this time there are no other assessments planned. BUSINESS SESSION 1. PUBLIC HEARING ON FORMATION OF ASSESSMENT DISTRICT NO. 89-1 PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972. a. Adoption of Resolution Confirming Report Including Diagram and Assessment, Ordering Improvements and Levying First Annual Assessment. BIB] 02-16-96-U01 02:24:45PM-U01 CCMIN-U02 06-U02 13-U02 1989-U02 City Council Minutes Page 2 June 13, 1989 Mr. Richard Raf anovic, representing BSI, Engineers for the District, presented the Engineers report advising that this proceeding is conducted pursuant to the 1972 Lighting and Landscaping Act, Part II, Division 15 of the Streets and Highways Code. He then reviewed the procedures to be followed during this meeting. Mr. Raf anovic advised if the majority protests, the City Council may override it or close and discontinue the hearing. He also advised that if the City Council adopts the Resolution to form the District and authorizes the levy of assessment, the Engineers will prepare the auditors report to be submitted to the County Auditor and will append this special assessment for collection, paying semi-annually in December and March. The last day to make any corrections on the auditors report is August 31. On an annual basis, any obligation costs and improvements in the District will be reviewed during the fiscal year. Mr. Rafanovic advised that the boundaries of the district include all the land within the boundaries of the City and the improvements will benefit all parcels within the City. There are three Special Sub-Zones', PGA West, the Cove area, and the area north of Highway 111. He then reviewed and commented on the facilities plan which describes the general location of the various improvements of the major thoroughfares within the City. Mr. Raf anovic stated that the total cost proposed for the fiscal year 1989-90 is $515,000 which is composed of three elements that will benefit everyone within the City; construction of landscaping and installation of medians; maintenance of the medians; and the cost of energy and servicing of lighting at certain intersections. r. Raf anovic advised that every parcel will pay an amount for those facilities which benefit everyone, and the Special Sub-Zones" will pay the sum for the special benefits. He further explained the amount each area would pay per year as shown in the exhibit. The method of apportionment is based on the increase in property values such as one single family development is equivalent to one unit; one acre of land is five equivalent units because this acre of land could be divided into five single family units; undeveloped land would pay one-third; agricultural land would pay one-twentieth; and open spaces would pay one-tenth of the acreage. Mr. Rafanovic advised that the City Council will review annually the projected costs for the next fiscal year. When these costs have been determined and if there are any fund balances, they are to be adjusted in order to establish the new assessment. He noted that California State Law requires the funds collected from that measure be spent only for these purposes that are allowed under the act. BIB] 02-16-96-U01 02:24:45PM-U01 CCMIN-U02 06-U02 13-U02 1989-U02 City Council Minutes Page 3 June 13, 1989 The Mayor declared the public hearing OPEN. DR. PEARL KNIGHT, 78-065 Avenida La Fonda, commented that this street is very dark which invites vandalism and destruction and requested that lights be placed on La Fonda for the protection of the businesses. LOIS LAW, 79-722 Arnold Palmer, was not in agreement with the $75 the residents at PGA West will be required to pay and asked how it was arrived at. Mr. Raf anovic advised the cost is based on the area needing to be landscaped and maintained and the estimated unit cost for landscaping. CRAIG OSBORNE, 52-165 Velasco, asked if there is a financial cap in the proposed assessment as to how far the assessments can increase in the future; if approved, what will the money which would have been used from the general fund be used for; are there other funds available to do lighting and landscaping projects; by approving this assessment district, does this exclude or include any matching funds of either City, County, State or Federal. Mr. Kiedrowski, City Manager, advised that there is no cap the Council must review and re-establish the assessment annually. Mr. Kiedrowski stated that there is a small amount of money in the general fund and if this assessment district is formed, the Council will review those dollars as they complete the budget. There is a significant amount in the budget because of the estimates for the work at PGA West. Under any circumstances, whether the City-Wide District is approved or disapproved, staff will recommend continuance of the PGA West District. At the City Council's discretion, the funds for non-PGA West could be reprogrammed, invested, or used to reduce any programmed deficit in the budget by that amount. Mr. Kiedrowski further advised that the City Council could budget money from the general fund for any municipal purposes including lighting and landscaping. No other funds are earmarked for lighting and landscaping at this time. ANN YOUNG, President of La Quinta Cove Association, P.O. Box 1384, La Quinta, felt that the information submitted to the residents was incorrect, vauge and in part without meaning and did not feel that it's in the best interest of the residents to accept this project without the City submitting proper information. She asked what the $6.00 portion of the Cove payment is being applied to. She also asked if the money collected from each area will be applied only to the area from which it is collected. BIB] 02-16-96-U01 02:24:45PM-U01 CCMIN-U02 06-U02 13-U02 1989-U02 City Council Minutes Page 4 June 13, 1989 Mayor Pena advised that all monies will remain in that particular zone in which it was collected. In further response to Mrs. Young, Mr. Raf anovic advised that the $12.00 assessment in the cove is only for a standard 50' x 100' lot a larger lot would be assessed on an acreage basis for instance a lot 100' x 100' would be $13.00. GERALDINE HALL, a resident of PGA West asked why the City doesn't get more money back from the County and Mayor Pena proceeded to explain the effects that Proposition 13 had on local agencies. Mrs. Hall then commented that they are paying $280 per month for homeowners association dues of which $50 goes towards a the master landscaping and security. Mr. Kiedrowski then explained which landscaping this assessment will be applied to in her area. DOROTHY BENEDICT 80-504 Pebble Beach, felt that this assessment district would be quite a windfall for La Quinta and a hardship for the owners at PGA West who are currently maintaining lighting, landscaping and security. She felt that the formation of a City-Wide Landscaping and Lighting District should be delayed until the development of 54th Avenue is completed because this center will also serve other La Quinta areas, add to the tax base and bring business to town. She also suggested lowering the assessment and collecting the funds over a period of time. LAURIE ARRANTS, 55-125 Shoal Creek, did not feel the assessments were fairly calculated and even though Landmark will be paying a lot of money, they will be passing on their cost. She does not feel that 54th and Madison is of any direct benefit to PGA West homeowners. Mr. Kiedrowski commented that the assessments were lowered last year due to the surplus of funds in that account. The City is now maintaining the islands and the assessments have been adjusted accordingly. VERNON CREAR, 55-114 Shoal Creek, expressed his concern about the disparity in cost, as PGA West will be paying three-fifths of the total City's taxes. MARY DRURY, 42-600 Cook St., Palm Desert, representing Sunrise Co., asked that prior to the final assessment for PGA West being completed, that they receive verification of the square footage of all the areas and a maintenance figure so they may pass this information on to the homeowners. LARRY ALLEN, P. 0. Box 412, commented with respect to the cove area, that he would like the hillside on the west side of Eisenhower between Tampico and the wash landscaped. BIB] 02-16-96-U01 02:24:45PM-U01 CCMIN-U02 06-U02 13-U02 1989-U02 City Council Minutes Page 5 June 13, 1989 MARY FINITY, 5l2?1 Avenida Navarro, expressed her delight with the City's incorporation, however, is very displeased with the way the City is being developed. She is opposed to this assessment because it will take away from the charm and beauty of La Quinta. CHARLOTTE GUNDY, 79-430 No. Sunrise Ridge Dr., La Quinta Palms, stated that her assessment costs show that she owes $25 and questioned if this is the correct amount. Mrs. Gundy also asked what landscaping will be done between Washington and Jefferson on Fred Waring. r. Rafanovic stated that he would need to check into what her cost would be and advise her accordingly. Mr. Coffey, Engineering Supervisor, stated that the landscaping concept is that an area must be fully designed. There are presently a number of developments proposed within that area which in time will result in medians being constructed along Fred Waring. At this time the hearing was CLOSED. Mrs. Juhola, City Clerk, advised out of 9,421 parcels that to date 16 protests have been received, two of which desired agricultural and undeveloped land excluded and the other was not against the assessment but felt the amount was excessive. COUNCIL COMMENT COUNCIL MEMBER SNIFF stated that if this assessment is approved, it will be an additional tax and financial expense which can be adjusted annually up as well as down, while the actual benefits are not clearly defined. He was not convinced as to the fairness of the calculated assessments. Council Member Sniff felt that the City's general fund can continue to provide for a City-wide needs in landscaping and lighting through the normal budget process and possibly reconsidered at a later date as to the cost and defined benefits needed and desired by the people of La Quinta. COUNCIL MEMBER BOSWORTH stated that she is in favor of this proposed assessment district because lights are needed at main intersections but in order to preserve the beauty of the desert, lights should not be placed in the residential areas. In regards to the medians, she asked if possibly there could be some modification to what has been proposed, particularly at PGA West. She wished to see what it presently there maintained and to take a good look at what we're going to do in the future. COUNCIL MEMBER BOHNENBERGER commented that he has mixed emotions with respect to this assessment district as he feels it would be a premature move at this time. He stated that BIB] 02-16-96-U01 02:24:45PM-U01 CCMIN-U02 06-U02 13-U02 1989-U02 City Council Minutes Page 6 June 13, 1989 outside of the landscaped areas around PGA West and ones to be constructed around a few tracts in the northern part of the City, there is no significant amount of landscaping in the remainder of the City which wasn't already being maintained under the general fund. Median landscaping was included in the general plan to help beautify the City, however, a District should be established after the medians are built. He further stated, that he is opposed to this assessment district at this time and is also opposed to the assessment varying with the size of the lot. He also felt there should be separate sub-zones for the village and other business areas because their needs differ from those in the residential areas. Council Member Bohnenberger stated that he would like to see City-Wide standards for landscaping and irrigation systems and public rights-of-way developed designed using low maintenance and water efficient planting and irrigation systems and using other treatments with a uniform landscaping theme for the City to help control the City's future cost for operation and maintenance. COUNCIL MEMBER RUSHWORTH stated that he was in agreement with setting standards for the future and to conform to a general City-Wide plan. With regard to the timing of this hearing, he felt that future protest hearings should be held during the season if at all possible. He was in support of this assessment district because it will be beneficial to everyone MAYOR PENA stated that he is in favor of this assessment district and also felt standards need to be set up. He felt that in order to beautify La Quinta, it is necessary for everyone to work together and invest in their community. He also felt landscaping should be less intense, and more compatible with the community. But even though, those standards aren't in place at this time, we need to set up the funding mechanism now. He felt that the City has come a long way and we wished to see the Council continue to make an effort to beautify the City. He believed that lighting should be placed at key intersections but kept to a minimum. With regard to PGA West, he stated that he didn't expect to see landscaping like that in any other part of the City it's very lush and labor intensive. RESOLUTION NO. 89-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING REPORT INCLUDING THE DIAGRAM AND ASSESSMENT, ORDERING IMPROVEMENTS AND LEVYING FIRST ANNUAL ASSESSMENT. BIB] 02-16-96-U01 02:24:45PM-U01 CCMIN-U02 06-U02 13-U02 1989-U02 City Council Minutes Page 7 June 13, 1989 It was moved by Council Member Rushworth, seconded by Council Member Bosworth that Resolution No. 89-75 be adopted. Motion carried by the following vote: AYES: Council Members Bosworth, Rushworth, Mayor Pena NOES: Council Members Bohnenberger, Sniff ABSTAIN: None ABSENT: None Council Member Bohnenberger commented that several have expressed their interest in the development of City-wide standards for landscaping and irrigation system in public rights-of-way, he suggested directing staff to begin that process and bring back a report to the City Council within the next 90 days. There being no further business, the meeting was adjourned to June 15, 1989 at 10?00 a m. upon motion by Council Member Rushworth, seconded by Council Member Bohnenberger and carried unanimously. Re?ectfully submitted, SAUNDRA L JUHOL,CityC le r k City of La Quinta, California BIB] 02-16-96-U01 02:24:45PM-U01 CCMIN-U02 06-U02 13-U02 1989-U02