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1996 04 02 CC Minutes*! LA QUINTA CITY COUNCIL MINUTES April 2, 1996 Regular meeting of the La Quinta City Council on April 2, 1996 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None CONFIRMATION OF AGENDA Council Member Henderson asked to have Consent Calendar Item No.7 removed from the Consent Calendar for discussion. Council Member Adolph asked to have Consent Calendar Item No. removed from the Consent Calendar due to a conflict of interest. MOTION It was moved by Council Members Sniff/Perkins to remove Item Nos. 7 Historic Preservation Grant Proposal) and 5 PGA West Tracts) from the Consent Calendar and add them as Business Session Item Nos.. 7 and 8. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of March 9, 1996 as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of March 19, 1996 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS None PUBLIC COMMENT Mr. Robert Tyler, 44-215 Villeta Drive, expressed appreciation to the Council and staff for their support of the Second Annual Soap Box Derby event held on March 23rd. He stated that the event?s sphere of influence was expanded this year to BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 2 April 2, 1996 include the entire northeast portion of Riverside County which resulted in 45 participants. The winners will compete in the 59th All American Soap Box Derby finals in Akron, Ohio on August 10, 1996. He urged the Council to consider making 8 long-term commitment to support the derby to prevent other cities from becoming the host city for the event. Mayor Holt felt that it was a wonderful event and thanked the committee for their efforts. She asked staff to agendize Mr. Tyler's suggestion for Council?s consideration on a future agenda. * * * * * * * * * * * * Ms. Louise Tyler, 44-215 Villeta Drive, requested that Code Enforcement be directed to present a verbal report each month regarding the actions that have been taken to improve the City. She volunteered her services to the department. Council Member Perkins felt that a verbal report would be beneficial to the Council as well because they need to know what improvements are being accomplished. Mr. Genovese, City Manager, advised that staff would devise a plan for all of the departments to report on a regular basis. WRITTEN CORRESPONDENCE 1. LETTER FROM NORRIS BERNARD RESIGNING FROM THE HUMAN SERVICES COMMISSION EFFECTIVE JUNE 30, 1996. Council Member Henderson advised that the draft Minutes of the Human Services Commission?s last meeting seemed to indicate that there is some reason for his resignation and she encouraged anyone who might be contemplating resigning as a commissioner to include their reason for resigning in their letter of resignation. Council concurred on presenting Mr. Bernard a letter of appreciation and plaque for his service on the commission. 2. LETTER FROM RICH KENNY ON BEHALF OF FLAGS FOR FUN REGARDING A DISPLAY OF CALIFORNIA CITY FLAGS. Council concurred on taking no action on this request. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council?Minutes 3 April 2, 1996 BUSINESS SESSION 1. CONSIDERATION OF A LEASE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE FAMILY YMCA OF THE DESERT. Mayor Holt advised that she previously has abstained from issues dealing with the YMCA, but is no longer affiliated with them and would participate in this discussion. Ms Nicholson, Parks & Recreation Director, advised that the current lease agreement with the YMCA will expire in August, 1996 and the new lease agreement period would be from April,1996 to April, 2001. The agreement would allow the YMCA to continue providing child-care services at the facility on Park Avenue. The new agreement eliminates the City's ownership of the YMCA furniture and equipment for the purpose of encouraging the YMCA to upgrade them. It also allows the City to schedule use of the facility by community organizations on Saturdays which will provide the Park & Recreation Department more facility opportunities to more effectively serve the residents of the community. The agreement also clarifies that the City must authorize and select contractors for major repairs to the facility. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that she has reviewed the agreement and feels that the changes are appropriate. Council Member Sniff asked if income reports are received from the YMCA and questioned the possibility of increasing the rent on the facility, pointing out that the YMCA collects approximately $360,000 annually for child-care services and only pays $1/year for rent. Ms. Nicholson advised that financial reports have not been received in the past, but such a requirement could be included in the new agreement. She advised that they try to keep salaries at a level whereby dependable qualified personnel are maintained as well as acceptable staff/children ratios. Council Member Sniff didn't believe that staff costs could be that much and asked if other operators had been solicited for an interest in operating child- care services at the facility to which Ms. Nicholson responded no. In response to Council Member Sniff, Ms. Nicholson advised that the YMCA is responsible for the utilities as well as marketing and providing the program, pointing Out that a waiting list exists for their services. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 4 April 2, 1996 Council Member Henderson asked what the child-care fees are based on. Ms. Chris Sanders, 49-955 Park Avenue, Associated Executive of YMCA, advised that they operate at a loss because of the financial assistance they offer to approximately 1/3 of their participants. Their annual budget is approximately $270,000. They are required by the State to have a minimum of one staff person for every 12 children which results in them having three full-time and 13 part-time staff members. Registration for the programs offered in La Quinta can be made at either La Quinta or Palm Desert. In response to Council Member Adolph, Ms. Sanders didn't know if they have received funding from other agencies, but advised that she would find out. She advised that they have no problem with the proposed agreement. In response to Council Member Henderson, Ms. Nicholson advised that the YMCA will schedule the facility for community use Monday through Friday, but the City will control the scheduling for Saturdays. The Parks & Recreation Department will be responsible for scheduling and coordinating Saturday activities at the Boys & Girls Club and YMCA, as well as the community service building at the park if arrangements are worked out with the C. V. Recreation & Park District. The City will be responsible for major repairs to the YMCA facility such as repairing and replacing the roof, plumbing, heating, air conditioning, and electrical systems. Council Member Perkins felt that a dollar amount should be used to define major repairs. Ms. Honeywell, City Attorney, advised that she was comfortable with the language in the agreement because the YMCA would be responsible for all repairs that are not included in the definition of major repairs and if a dollar amount is used to make that determination, the City could be held responsible for other repairs above that limit. Council Member Perkins wished to see budgets from all the organizations supported by the City. He was pleased with the service provided by the YMCA and wouldn't support a request to increase their rent, but would like to see their budget for future reference. Council Member Sniff felt that use of a dollar amount to determine major repairs might be a valid consideration as the building ages. He asked if the YMCA charges outside organizations a fee for using the building. Ms. Sanders advised that only a cleaning fee is charged when applicable. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 5 April 2, 1996 Council Member Henderson felt that they should consider charging for use of the utilities. In response to Council Member Henderson, Mr. Genovese advised that the building is five years old. MOTION- It was moved by Council Members Sniff/Henderson to approve the lease agreement between the City of La Quinta and the Family YMCA of the Desert with periodic financial reporting from the YMCA to the City. Motion carried unanimously. MINUTE ORDER NO.96-44. 2. CONSIDERATION OF TERMINATION OF CONTRACT FOR CONSTRUCTION OF FRITZ BURNS PARK/PALM ROYALE PARK WITH JAMES T. DUNPHY COMPANY FOR CAUSE. Mr. Cosper, Public Works Director, advised that the staff report outlines the problems that the City has experienced with the James T. Dunphy Company, who was hired to construct the two parks. Completion of the parks has been delayed since November 7, 1995. He advised that the contractor was notified on March 12th that staff would make a recommendation to the Council to terminate the contract for cause if the work was not completed by April 1st. Since then, the contractor has worked diligently to complete the work which is now 99.3% complete and staff no longer recommends termination of the contract. In response to Mayor Holt, Mr. Cosper advised that the contractor has been notified without response of the additional costs he would be charged for not fulfilling his obligation. In response to Council Member Adolph, Mr. Cosper advised that he disagrees with the contractor's implication in his letter that the City is responsible for the delays because the contract completion date was extended to cover any delays caused by the City. He anticipated that the punch list would be completed by the end of the week. In response to Mayor Holt, Mr. Cosper advised that the City would retain final payment for the project until all items on the punch list have been completed. Council Member Henderson asked if a penalty clause for delays was included in the contract and what the final costs for such delays were. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 6 April 2, 1996 Mr. Cosper advised that the City has incurred $33,000 in additional inspection costs through March 1st and he estimated the final additional costs to be between $35,000 and $40,000 which will be deducted from the final payment to the contractor. The current liquidated damages are at $500 to $750 per day, but the City is only allowed to assess actual damages that occur because of an extended contract and it's very hard to validate damages except for inspection costs. Council Member Sniff felt that a $750-per-day penalty would be difficult to assess, but didn't see a problem with collecting additional inspection costs. Council Member Perkins stated that he was pleased with the project estimates that the engineering department has made and wished to see a policy adopted wherein the contractor is awarded a bonus for completing a project early and penalized when causing it to be delayed. Ms. Honeywell advised that the City currently has a penalty clause, but she wasn't sure that the public contract code would allow the City to award incentives to contractors for completing a project early. She advised that such a policy wouldn't be a problem as a charter city. Mr. Cosper advised that when a project is completed on time, actual costs are not incurred which is not considered a bonus, but a savings to the City. Ms. Honeywell didn't believe that such savings would be considered a gift and advised that she would investigate it. In response to Council Member Adolph, Mr. Cosper advised that the irrigation system would be checked as part of the punch list to address the concerns about the current brown spots in the grass. He advised that the grass would be thicker when the Bermuda seed is planted. In response to Council Member Sniff, Mr. Cosper advised that the contractor is required to maintain the landscaping for one year. MOTION- It was moved by Council Members Sniff/Adolph to allow the James T. Dunphy Company to complete their contract withholding additional and previously-accrued inspection costs from the final payment due to their failure to complete the contract on time. Motion carried unanimously. MINUTE ORDER NO.96-45. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council?Minutes 7 April 2, 1996 3. CONSIDERATION OF PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-2, FISCAL YEAR 1996197. Mr. Cosper, Public Works Director, gave a presentation on the Preliminary Engineer's Report for Landscape & Lighting District 89-1, advising that the purpose of the Preliminary Engineer's Report is to provide a description of the services provided by the District, total costs necessary to provide such services, a diagram showing the boundaries of the District, and an assessment schedule. He advised that the 1996/97 assessment is increasing from $43.00/EDU to $43.34/EDU and the District's budget has decreased by $5,665. The changes to the report are the addition of a Vacant & Remote Non-Residential parcel definition and a 2.5% basement cap to the annual CPI adjustment. Vacant/remote parcels are defined as parcels larger than one acre without utility extensions and no direct access as well as being considered fairly remote. Such parcels will be assessed at one-half of that of Vacant Non- Residential parcels. Staff recommended a basement cap of 2.5% because the revenue generated by the 2.5% rate equals the costs to make the changes in the engineer's report. He advised that the assessment proposed in the Preliminary Engineer's Report will not be effective until the final resolution is adopted on June 4th which allows the Council an opportunity to adjust it after hearing public testimony on May 21st and June 4th. Mr. Ed Kibbey, 78-620 Sanita Drive, of the Building Industry Association, questioned the reduction in EDU's with the addition of an annexed area. Mr. Cosper advised that the Council recently directed staff to cut the assessments in half for the parcels in Annexation Area No.9 which reduced the number of EDU's. The reason the assessments were reduced is because most of those parcels don't have road access and there's no plan to develop that area for quite some time. The parcels were included in the Vacant, Non- Residential land-use designation last year, but many of the assessments were higher than the property taxes, therefore, the new designation of Vacant & Remote Non-Residential was established. Mr. Cosper clarified that public hearings would be held prior to the assessments being adopted. RESOLUTION NO.96-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 1996/97 IN CONNECTION WITH LA QUINTA LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89-1. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 8 April 2, 1996 It was moved by Council Members Sniff/Adolph to adopt Resolution No. 96-18 as submitted. Motion carried unanimously. RESOLUTION NO.96-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY INCLUDED IN THE CITY-WIDE LANDSCAPE & LIGHTING ASSESSMENT DISTRICT 89-1; AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE & LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 96-19 as submitted. Motion carried unanimously. Council Member Perkins felt that the slide presentation was beneficial and suggested removing some of the light fixtures to improve the light-dimming process during video presentations. 4. CONSIDERATION OF SELECTION OF BROKER/DEALERS FOR THE CITY OF LA QUINTA LISTING OF FINANCIAL INSTITUTIONS. Mr. Falconer, Finance Director, advised that staff requests the Council to approve placement of Ernest Marchowsky of Dean Witter, and Ron Meraz and Alfredo Sandoval of Merrill Lynch Pierce Fenner & Smith as broker/dealers of record on the City's listing of financial institutions, adding that this recommendation has been approved by the Investment Advisory Board lAB). In response to Council Member Perkins, Mr. Falconer advised that the firms of Dean Witter and Merrill Lynch were the only responding firms that met the requirements set forth in the questionnaire. He advised that 55-60% of the City's portfolio is currently invested in LAIF which is operated out of the State Treasurer's Office, but not backed by the full faith and credit of the State. He stated that there is a perception of safety in investing funds with LAIF because of the number of entities involved and the assets invested. Council Member Perkins was concerned about the City investing its funds through the State that seems to have trouble managing their own budget. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 9 April 2, 1996 Mr. Genovese, City Manager, suggested getting an opinion from the City's auditors about LAIF, pointing out that the City's investments with LAIF have been reduced consistently over the last three to four years. Council Member Perkins wished to know what the exact amount is that's invested with LAIF and wasn't happy with having only two firms besides LAIF to invest with. He felt that the City's funds should be diversified with more organizations and was concerned to hear that LAIF is not backed by the State. Mr, Genovese advised that the funds would be invested in Treasury Bills or Treasury Notes and these two firms would be allowed to make trades for the City. He advised that a complete investment report could be prepared for Council's review. Council Member Henderson commented that there's a reference in the staff report to a discussion at the lAB meeting for which no Minutes have been distributed yet and she would like to see those Minutes She also wished to have a joint meeting scheduled with the lAB. Council Member Perkins advised that the reason he became a Council Member was because he felt that the City's funds were not being invested properly and he doesn't have much confidence in the firms that have been recommended. Mr. Falconer advised that the two firms would only execute trades as directed by the Treasurer and the City?s funds would remain at First Interstate Bank. He added that without a broker/dealer, there's no mechanism in place to diversify funds outside of LAIF. Council Member Perkins advised that he would not support any action on this at the present time because he felt that the report was incomplete. He suggested that it be continued and asked staff to report back on where the City's funds are going, what the securities are for those funds, and who would hold those securities. Council Member Sniff didn't see any problem with approving the placement of these firms on a list. Mr. Genovese advised that these two firms are the first to be recommended for the list because of the exhaustive process that staff wished to go through to qualify firms for the list. Council Member Adolph asked if the other firms had been contacted to find Out why they had not responded. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 10 April 2, 1996 Mr. Falconer advised that it varied on a case-by-case basis, noting that one firm wasn?t interested, one wasn't registered with the State, and the lAB felt that International Securities Group didn't meet the capital requirements. He advised that the lAB and staff both feel comfortable with the background check on the two firms being recommended. Mayor Holt advised that the Council has been concerned for some time about diversifying its investments and she felt that the lAB members were very qualified, but she would support a continuance to allow staff time to clear up any confusion that might exist. In response to Council Member Sniff, Mr. Falconer advised that an updated report could be ready in two weeks. Council Member Henderson reiterated that she would like the Council to have a joint meeting with the lAB. Council concurred. MOTION It was moved by Council Members Sniff/Adolph to continue the selection for broker/dealers to April 1 6, 1 996 and direct staff to produce more adequate responses and reports, and the Investment Advisory Board's Minutes. Motion carried unanimously. MINUTE ORDER NO.96-46. 5. CONSIDERATION OF AIRLINE SERVICE COMMITTEE REQUEST FOR FUNDING. Mr. Weiss, Assistant City Manager, advised that the Airline Service Committee ASC) has requested the City to approve a three-year funding request of $20,QOO per year. Staff recommends that $20,000 be budgeted for FY 1996/97 and that staff be directed to monitor the committee's accomplishments and report back to the Council in March, 1997, pointing out that historically, the City has budgeted funds for this on a yearly basis. He advised that a list of the ASC's accomplishments over the last three to four years is contained in the staff report along with a summary of the dollar value attached to those accomplishments. The proposed funding formula is consistent with the Convention and Visitor's Bureau CVB) formula, based on the transient-occupancy-tax proceeds. The Council's alternatives are to budget $20,000 for this committee during FY 1996/97 with a direction to staff to monitor the committee's accomplishments, approve the funding and make a pledge for a three-year program, or approve the funding contingent upon participation by other Coachella Valley cities. He then introduced Nancy Doria who wished to give a brief presentation. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 11 April 2, 1996 Ms. Nancy Doria, 80-838 Brown Avenue, Indio, Director of Airline Development for Palm Springs Desert Resorts, expressed appreciation to the City for their support and advised that their objective has been to bring in and retain low-cost airline service to the valley. During the last three years there has been an increase of 17% in the number of available airline seats and 10% in the number of passengers even though the number of flights were reduced. She advised that the increase of 49,475 deplaned passengers generated $23.5 million in revenue for the valley. Negotiations to increase airline service during the season and maintain it year-round has been accomplished through a partnership with American Airlines in which they are paid $250,000 annually to service the area on a year-round basis. The committee plans to combine their marketing strategy with the airlines to market the valley as a year-round destination and needs the City's long-term commitment to help develop partnerships with the airlines. Council Member Adolph questioned whether the cities were each paying their fair share, pointing out that La Quinta pays the ASC $20,000 and only receives transient occupancy tax TOT) from one hotel wherein Indian Wells receives TOT from four hotels and only pays $25,000. He also questioned why Desert Hot Springs pays nothing. Ms. Doria advised that the funding formula is based on the TOT reported by each city and Desert Hot Springs only recently joined the CVR and their amount has not been determined yet. Council Member Henderson asked if the Airline Service Committee, Palm Springs Regional Airport Commission PSRAC), and Coachella Valley Regional Airport Authority coordinated their efforts. Ms. Doria advised that the ASC represents the entire valley and its purpose is to bring airline service into the valley, whereas the PSRAC is concerned specifically with the Palm Springs Airport. The Director of the Palm Springs Airport, Al Smoot, is a member of the Executive Committee of the ASC and reports information back to the PSRAC. She was not familiar with the Coachella Valley Regional Airport Authority. Council Member Henderson felt that it's time that the various airport commissions work together. Ms. Doria advised that the ASC only deals with public airline service, even at the Palm Springs Airport, and Thermal Airport primarily services private aircraft. She was not aware of any available data on the type of traffic generated at the BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council?Minutes 12 April 2, 1996 Thermal Airport nor of any public airline service out of the Bermuda Dunes Airport. Council Member Sniff questioned the ability of this Council to make a long-term commitment that would bind a future Council and he wasn't sure that giving incentives to airline carriers increases tourist traffic during the summer months. He also wasn't convinced that the ASC and PSRAC aren't duplicating work, pointing out that the PSRAC should be greatly interested in increasing airline traffic at the Palm Springs Airport. He also questioned the payment of $250,000 to American Airlines and wished to hear an opinion from the City's representative on the PSRAC on this matter. Mr. Tom Freeman, 54-220 Avenida Obregon, representative for the Palm Springs Regional Airport Commission, advised that he has served on all three airline/airport commissions and believes that a joint meeting to coordinate efforts would be beneficial. He felt that the coordinated effort to offer incentives to major airline carriers is the only way to attract such service to the valley because of the fierce competition from other cities. He advised that it was through a coordinated effort of the ASC and PSRAC wherein concessions were offered, that Air 21 was brought to the valley. He recommended that the City continue funding and evaluating the ASC's accomplishments on an annual basis. He felt that the operation improvements that are being accomplished at the Thermal Airport would benefit the City and advised of the future possibility of the two airports sharing a customs officer should the Palm Springs Airport become an international airport. He advised that the Council would be given an opportunity to assist with the customs issue as it progresses. He advised that, as the City's PSRAC representative, he sometimes contacts City Hall to receive input from Council Members, but would like to have more direction from Council on issues that come up such as the recent incident where a limousine service was temporarily stopped by the PSRAC due to improper vehicle maintenance. He advised that the Council would receive all future agendas and Minutes of the PSRAC as well as verbal reports from him on a regular basis. Council Member Sniff felt that it's important for the entire Council to be contacted for input on issues that affect the City and felt that quarterly reports by Mr. Freeman would be appropriate, but encouraged him to report more often if he felt it was appropriate. In response to Mayor Holt, Ms. Doria advised that the cities of lndio, Cathedral City, Indian Wells, and Palm Desert have committed funding to the ASC for three years. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 * !City Council Minutes 13 April 2, 1996. In response to Mayor Holt, Ms. Honeywell, City Attorney, advised against a three-year funding commitment as she believed it would be unconstitutional. Ms. Doria advised that a one-year commitment would be fine. Mayor Holt felt that the work of the ASC is of paramount importance to compete with the Arizona market for airline carrier service. Council Member Adolph advised that he concurs with KSL who is very supportive of this program. Council Member Perkins supported a one-year commitment by the Council as well as his personal support for the future, pointing out that tourism is big business in the valley. Council Member Henderson supported it also and encouraged the three commissions to coordinate their efforts. Mr. Ed Kibbey, 78-620 Sanita Drive, was concerned that Mr. Freeman?s comment about individual contact with Council Members sounded like a seriatim meeting and he questioned the use of ASC funds for marketing airline passengers which he felt was the CVB's responsibility. Council Member Sniff agreed that individual contact of Council Members would be inappropriate, pointing out that urgent matters can always be added to the agenda. He also encouraged the PSRAC to get their Minutes out on a more- timely basis. He supported the funding for the ASC, but was concerned about the possibility of efforts being duplicated and agreed that the three commissions should communicate with each other. He was also opposed to the ASC advertising to attract passengers. Ms. Doria advised that sometimes during negotiations with airline carriers, advertising is used as an incentive instead of offering the carrier a cash incentive and?the advertising is handled in conjunction with the CVB and Palm Springs Tourism. MOTION It was moved by Council Members Sniff/Henderson to direct staff to include $20,000 in the Fiscal Year 1996/97 budget, monitor the Airline Service Committee's accomplishments, and provide the Council with a status report in March, 1997. Motion carried unanimously. MINUTE ORDER NO.96- 47. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 14 April 2, 1996 6. SECOND READING OF ORDINANCES. ORDINANCE NO.281 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.212 OF THE LA QUINTA MUNICIPAL CODE. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 281 on second reading. Council Member Perkins advised that he would vote NO on adoption of the ordinance because he felt that temporary signs should be limited to 30. In response to Council Member Henderson, Mr. Herman, Community Development Director, advised that the possibility of more than one individual taking out a sign permit for the same purpose was not addressed in the ordinance. Council Member Henderson advised that her support of a limit of 50 signs was based on the 200-foot distance limitation, but felt that failure to address the issue of more than one individual being able to obtain a sign permit for the same objective would defeat the purpose of the 200-foot distance limit, and therefore, should be addressed. Ms. Honeywell, City Attorney, agreed that it's a valid concern and advised that the language could be amended to limit the number of permits related to a single event or person, suggesting further that the ordinance could be adopted as-is with specific amended language brought back at the next meeting to address this concern. Council Member Adolph suggested that the language be amended to read, Duplication in any manner for name, product, event, etc., recognition, in order to achieve additional signage will not be approved." Ms. Honeywell advised that the Council could go with that language and have staff review it for further amendment if necessary. Council concurred on also adding the amended language to the section dealing with semi-permanent sign regulations. In response to Council Member Adolph, Mr. Herman advised that banner heights are addressed under special event permits. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 15 April 2, 1996 Council Member Sniff was concerned about the legality of limiting the number of permits that can be taken out for a single event or person. Ms. Honeywell advised that the limit would apply to signs placed in the public right-of-way and not on private property. She pointed out that it could be challenged in court, but she believed that the City has a right to try to regulate time, place, manner, and extreme proliferation of signage. Motion was withdrawn by Council Members Sniff/Henderson. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 281 as amended on second reading utilizing the language offered by Council Member Adolph. Council Member Adolph advised that he would vote NO because he still supports a limit ot 30 temporary signs as recommended by the Planning Commission who spent a great deal of time researching this issue. Motion carried by the following vote: AYES: Council Members Henderson, Sniff, Mayor Holt NOES: Council Members Adolph, Perkins ABSENT: None ABSTAIN: None Council Member Henderson suggested that the City offer to share this ordinance with neighboring cities and the county in hope that they would honor its regulations in their ordinances within 300 feet of La Quinta's boundaries. In response to Council Member Perkins, Mr. Genovese, City Manager, advised that no formal agreement regarding this issue exists with the County, but staff would relate Council Member Henderson's concept to them. ORDINANCE NO.282 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. AMENDING CHAPTER 11.56 OF TITLE 11 OF THE MUNICIPAL CODE RELATING TO THE REGULATION OF CURFEW AND TRUANCY. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 282 on second reading. Motion carried with the following vote: BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 1 6 April 2, 1996 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 7. FINAL ACCEPTANCE OF IMPROVEMENTS TO PGA WEST TRACTS 20717-3 & 4, 28146-2, 4, & 5, 24317-1. 25499-1 & 2, AND 25500-3. Council Member Adolph abstained due to a conflict of interest and left the dais. MOTION It was moved by Council Members Sniff/Henderson to accept the improvements to PGA West Tracts 20717-3 & 4, 28146-2, 4, & 5, 24317-1, 25499-1 & 2, and 25500-3. Motion carried with Council Member Adolph ABSENT. MINUTE ORDER NO.96-48, Council concurred on taking up the Consent Calendar at this time. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED APRIL 2, 1996. 2. DENIAL OF CLAIM FOR DAMAGES FILED BY PAUL BERLIER, IN THE AMOUNT OF $120,000, DATE OF LOSS, FEBRUARY 20, 1996. 3. DENIAL OF CLAIM FOR DAMAGES FILED BY ANTHONY SILVA IN THE AMOUNT OF $120,000, DATE OF LOSS, FEBRUARY 20, 1996. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY DANIEL AND DIANNE FRANCO, DATE OF LOSS, SEPTEMBER 13, 1995, AMOUNT UNKNOWN. 5. SEE BUSINESS SESSION ITEM NO.7. 6. APPROVAL OF FINAL MAP AND SUBDIVISION AGREEMENT FOR TRACT 28034 SOUTH VALLEY ESTATES. 7. SEE BUSINESS SESSION ITEM NO.8. 8. ADOPTION OF RESOLUTION APPROVING PUBLIC IMPROVEMENT FINDINGS IN CONNECTION WITH THE AGENCY'S AFFORDABLE HOUSING PROJECT. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 17 April 2, 1996 9. AUTHORIZE THE MAYOR TO SIGN THE UNIFORM COMMERCIAL FINANCING STATEMENT CHANGE. THE REQUEST FOR FULL RECONVEYANCE DEED OF TRUST AND TRANSMIT THE SAME TO CHICAGO TITLE WHICH WILL TERMINATE THE ClTY?S INTEREST IN THE WASHINGTON SQUARE PROPERTY. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar with the exception of Item Nos. 5 and 7 and with Item No. 8 being approved by RESOLUTION NO. 96-20. Motion carried unanimously. MINUTE ORDER NO.96-49. BUSINESS SESSION.................continued 8. APPROVAL OF SUBMITTAL OF A GRANT PROPOSAL TO THE STATE HISTORIC PRESERVATION OFFICE FOR THE CERTIFIED LOCAL GOVERNMENT PROGRAM FOR FUNDING OF THE CULTURAL RESOURCES SURVEY. Council Member Henderson wished to see the survey name changed to Historical Resources Survey. Ms. di Iorio, Planning Manager, advised that Historical Resources Survey was considered too specific and that Cultural Resources Survey is the standard terminology. The survey has both archeological and architectural aspects and Cultural Resource Survey relates to an existing catch-all phrase of cultural resources management. Council Member Henderson felt that the term historical would encompass the archaeological and architectural aspects as well as the historic ones, whereby the cultural aspects are covered by other commissions. Council Member Sniff pointed out that the resolution refers to it as the Historic Resources Survey Project. Ms. di orb advised that the survey name could be changed to be consistent with the resolution. Council Member Henderson had a problem with the Historical Preservation Commission HPC) appointing a subcommittee as stated on page 27 of the document because she felt that the Commission itself is qualified to handle those responsibilities. She questioned the Commission?s action plans to create self-guided tours and promote festivals and events, pointing out that such activities are handled by other organizations/commissions and inclusion of BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 18 April 2, 1996 these in the HPC's Work Plan would most likely result in an increase in staff as noted in 3b on page 27. She felt that 8b on page 28 should be changed to read, museum.' She asked it there was a Council consensus that the HPC should be directed to initiate proceedings to adopt the Village Overlay Zone as stated on page 29. Council Member Perkins pointed out that only one building has been built under The Village Specific Plan and he felt that the City should discard the plan and ask the businesses how the City can help them accomplish what they want. He felt that six years or more is long enough to determine that the plan is a failure. In response to Council Member Sniff, Ms. di Iorio advised that the model terminology, Village Overlay Zone, could be eliminated. Council Member Henderson felt that the entire last section should be eliminated. In response to Mayor Holt, Ms. di lorio advised that the grant application is due May 1, 1996. Council Member Henderson supported the purpose of the grant and felt that the survey should go forward, but had a problem with parts of the application. Ms. di lorio suggested changing the wording for the action to read, Establish a vision statement for the revitalization of The Village, and then eliminate the reference to adopting the Village Overlay Zone, pointing out that the other steps would be completed as a part of the survey. Council Member Perkins didn't believe that The Village Specific Plan should be part of this document. Mr. Genovese, City Manager, advised that this is only a draft document that can be revised after the application is submitted and pointed out that it would be brought back to Council for final approval. Council concurred on directing staff to revise the document as suggested by Council Member Henderson relating to The Village. Mr Herman advised that this is a working document for staff to follow to which Council Member Henderson responded that that is why she felt that it's important for the Council to approve it. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 19 April 2, 1996 RESOLUTION NO.96-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBMITTAL OF AN APPLICATION TO THE NATIONAL HISTORIC PRESERVATION FUND SUBGRANT PROGRAM. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 96-21 as amended. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS B. HUMAN SERVICES COMMISSION MINUTES OF MARCH 6, 1996. Council Member Henderson referred to the Council's discussions regarding whether or not commissions should appoint subcommittees and advised that the Human Services Commission Minutes of March 6, 1996 states that they are moving forward with the appointment of a task force of approximately 50 people and yet have not obtained Council approval as required by the ordinance. Ms. Honeywell, City Attorney, advised that the commissions operate at the discretion of the Council and the Council may dictate their actions as they feel appropriate. Mayor Holt felt that the proposed workshop should be canceled. Council Member Perkins felt that the commission's actions were wrong, but was concerned that cancellation of the workshop would create some adverse publicity for the City and that the matter should be discussed when all Boards and Commissions are addressed. Council Member Henderson felt that the task force should be allowed to go ahead and meet one time since the issue was addressed in the Human Services Commission Minutes and the Council tailed to take action to stop it. She advised that she views the commission Minutes as a report to the Council. Mayor Holt advised that she, too, would support it as long as it's clear that it?s for one time only. Council Member Adolph wished to see an agenda for the workshop. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 20 April 2, 1996 C. PARKS & RECREATION COMMISSION MINUTES OF FEBRUARY 12, 1996. Council Member Henderson questioned why an action noted in the Parks & Recreation Commission Minutes to ask the Council to agendize the Fritz Burns Pool Project has never been agendized. Mr Genovese, City Manager, advised that it was not agendized because the commission's action conflicted with the Council's previous action to deal with this issue during review of the Capital Improvement Program. K. REPORT OF PALM SPRINGS REGIONAL AIRPORT COMMISSION, Mr. Freeman, 54-220 Avenida Obregon, City's representative on the Palm Springs Regional Airport Commission, gave a brief update on the Commission's success in retaining competitive landing fees, negotiating contracts for aircraft fire fighting rescue service and rental car concessions, and increasing air service He advised that new concessions in the airport consist of a business service center, foreign information display system, flight information display system, visual paging display system, and automated teller machine. Other improvements include a wider runway, medical caches, trauma trailers, and an upgraded mobile command post. In response to Council Member Henderson, Mr. Freeman advised that fuel taxes are intended for safety improvements. In response to Council Member Adolph, Mr. Freeman advised that limousines arriving at the airport are not allowed to pick up passengers at the curb because of an exclusive agreement that one limousine service has with the airport. All other reports were noted and filed. Council recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESSION 1. Conference with City's property negotiator pursuant to Government Code Section 54956.8, concerning potential terms and conditions of acquisition and/or disposition of real property located at the southeast corner of Simon Drive and Highway 111. Property Owner Negotiator: Richard Gattis. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City CounciL Minutes 21 April 2, 1996 2. Conference with legal counsel regarding ongoing litigation, Granite Construction, Case No. 086195, pursuant to Government Code Section 54956.9(a) 7:00P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. GENERAL PLAN AMENDMENT 95-051 & ENVIRONMENTAL ASSESSMENT 96- 312- A REQUEST TO AMEND THE CITY?S LAND USE MAP OF THE GENERAL PLAN TO REMOVE THE RURAL RESIDENTIAL OVERLAY FROM VARIOUS PROPERTIES APPROXIMATELY 615 ACRES) THAT ARE DESIGNATED LOW- DENSITY RESIDENTIAL LDR), GENERALLY LOCATED ON THE SOUTH SIDE OF AVENUE 52, EAST OF JEFFERSON STREET, AND NORTH OF AVENUE 55. APPLICANT: DWIGHT STUART, WALLY FRIEND, AND THE CITY OF LA QUINTA. Ms. di Iorio, Planning Manager, advised that on February 27, 1996, the Planning Commission recommended approval of the certification of a Negative Declaration for Environmental Assessment 96-312 and General Plan Amendment 95-051 which removes the Rural Residential Overlay RRO) district from all properties in the area currently designated as Low-Density Residential LDR?. The goal of the RRO was to facilitate the preservation and development of a rural character in desirable locations of the City, which the Planning Commission felt wouLdn't?t be achieved by implementing the RRO standards on LDR properties because the LDR designation is intended to allow more urban development as the minimum lot size is 7,200 sq. ft. They felt that the RRO district is more appropriate for Very-Low-Density Residential VLDR properties because the 14,000 sq. ft. minimum lot size is better suited for rural characteristics. She advised that removal of the RRO would not significantly affect the density of the 61 5 acres involved. Staff has received two letters asking the Council to deny this request. In response to Council Member Perkins, Ms. di Iorio advised that the two requests for denial were because they wish to maintain the rural characteristics of the neighborhood. The Mayor declared the PUBLIC HEARING OPEN. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 22 April 2, 1996 Mg. Shirley McGinty, 80-820 Vista Bonita Trail, referred to the purpose of the RRO and questioned if urban development is what the City had in mind when it designated the rural area as LDR. She urged the Council to deny the request because she felt that the RRO is the City?s only protection against letting this area become like all of the other areas in the valley and advised that it's becoming more difficult to promote the rural properties because of the subdivisions that the City is allowing. She advised that they love living in a rural area and voted for the annexation because the City said that it would preserve the area's rural characteristics which they don't feel is happening. Mr. Mike Smith, 35-235 Date Palm Drive, Cathedral City, of Warner Engineering and representative for the applicants, advised that the applicant's tentative tract maps were approved prior to the establishment of the RRO district. They have requested that it be removed from their properties because they don't want it. Mr. Jack McGinty, 80-820 Vista Bonita Trail, pointed out that this area is adjacent to one of the nation's largest polo fields which attracts large crowds to the area. He felt that the RRO was established because the Council wished to preserve the rural area surrounding the polo fields. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Perkins wasn?t in favor of reducing the City's rural areas because he felt that they contribute to the attractiveness of La Quinta and help make it a well-rounded community. Council Member Adolph? concurred, pointing out that the area to the north has been designated as an equestrian zone and he felt that a density increase would fail to be compatible with what the City is trying to accomplish there. He wished to see the rural atmosphere and compatibility to surrounding properties maintained. Council Member Henderson advised that some of the property owners have previously expressed that they have a problem with the equestrian zone, but she was concerned that increasing the density next to an equestrian zone would generate some complaints. Mr. Herman, Community Development Director, advised that the areas to the north of Avenue 52, corner of Avenue 50 and Jefferson Street, south of Avenue 52 and east of Madison Street to Airport Boulevard, and the polo estates are designated as an equestrian zone and the area currently under BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 23 April 2, 1996 discussion is between Avenue 52 and Avenue 54, east of Jefferson Street and west of Madison Street, and a 40-acre parcel south of Airport Boulevard. In response to Council Member Henderson, Ms. Honeywell, City Attorney, advised that tentative tract maps must comply with the current zoning before a final map is approved. Leaving the RRO district would have a slight affect on the density of the two tentative tract maps as well as the fencing requirements. Mr. Herman advised that the Planning Commission's purpose in recommending removal of the RRO was because of the urbanization taking place through the various tentative tract maps. They felt that the rural characteristics should be kept in the VLDR areas to the east. In response to Council Member Adolph, Mr. Herman advised that some of the tentative tract maps are currently under one-year extensions. Some have additional extensions available and some do not. In response to Council Member Henderson, Mr. Herman advised that the Specific Plan for the Vista Santa Rosa property does not expire, but the density requirements could be changed by the Council. In response to Council Member Henderson, Ms. Honeywell advised that the City has a right to change zoning designations on properties unless a vesting tract map or development agreement exists. Further, the RRO was established in an effort to create a rural area. In response to Council Member Sniff, Ms. di Iorio advised that the RRO district consists of 940 acres of VLDR property and 61 5 acres of LDR property. In response to Council Member Perkins, Mr. Herman advised that the density would be reduced by one unit per acre if the RRO is removed from the subject properties. In response to Council Member Sniff, Mr. Herman advised that the City was required to hold numerous public hearings prior to the adoption of the General Plan wherein tho RRO district was established. Council Member Sniff felt that maintaining diversity and balance in the City by preserving a rural area was a valid reason for establishing the RRO district. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council?Minutes 24 April 2, 1996 MOTION It was moved by Council Members Sniff/Perkins to deny General Plan Amendment 95-051 and Environmental Assessment 96-312. Motion carried unanimously. MINUTE ORDER NO.96-50. 2. CONDITIONAL USE PERMIT 96-023, PLOT PLAN 96-571, AND ENVIRONMENTAL ASSESSMENT 96-311 A REQUEST TO DEVELOP 11.65 ACRES WITH A 116-UNIT. AFFORDABLE APARTMENT COMPLEX ON THE WEST SIDE OF WASHINGTON STREET, 700 FEET NORTH OF CALLE TAMPICO. APPLICANT: KEITH INTERNATIONAL, INC. FOR USA PROPERTIES). Council Member Adolph abstained due to a conflict of interest and left the dais. Mr. Herman, Community Development Director, advised that on December 19, 1 995, the Council considered an appeal of a decision by the Planning Commission and referred it back to the Planning Commission for further consideration. On February 13, 1996, the Planning Commission approved the applicant's revised plan which reduced the apartment units from 128 to 116. He advised that the complex would consist of 17 apartment buildings and one recreation building. He reviewed the surrounding property uses and advised that the complex would have two entrances: a common driveway in the Ralph's shopping center on Washington Street which is required to be signalized when warranted and one on Calle Tampico. The western boundary will have a 20-foot setback where it abuts a single-family subdivision. He advised that the affordable apartment project would receive tax credits and be required to remain affordable for 55 years. He advised that the zoning code allows construction of units less than 1,400 sq. ft. when used for affordable housing tenants and approved by a conditional use permit. The issues regarding noise on Washington Street, tenant storage areas,?and the building heights along the common boundary were addressed in the conditions of approval as requested by the Council. In response to Council Member Perkins, Mr. Herman advised that the project exceeds the code's requirement for parking and that no parking would be allowed on the 28-foot wide streets. Visitor parking will be included in the tenant parking areas. Council Member Perkins asked if there would be an apartment manager living on the premises. Ms Emily Hemphill, 69-844 Highway 111, Suite K, Rancho Mirage, legal counsel for the applicant, advised that a manager would live on the premises. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 25 April 2, 1996 She advised that USA Properties is experienced in managing apartment complexes and currently has four such projects in the Sacramento area. The number of parking spaces will not be affected by adding the enclosed storage/garage areas. She advised that two people will be available on a 24- hour basis for security purposes, noting that USA's recently-constructed project in Cathedral City has experienced no problems to date. In response to Council Member Henderson, Ms. Hemphill advised that no commercial vehicles would be allowed in the project and that USA has a great deal of incentive to operate this project correctly due to the tax-credit requirements and the 50% debt/equity ratio. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that the covenants would remain on the property and the City would make sure that its needs for affordable housing our being met. Mr. Art May, of USA Properties, advised that Sun America is a limited partner with them in this project and would assume the project if USA were to drop it. Council Member Perkins was concerned about who would be responsible for maintaining the buildings and collecting the rents if the developer fails. Ms. Honeywell advised that the City would have the opportunity to bid on the property should it go into foreclosure and would review the covenants to insure that the maintenance standards set therewith are adhered to. She advised that in other City redevelopment projects, the City has retained the right to take action to require that a project be cleaned up. In response to Council Member Perkins, Ms. Honeywell advised that the Conditional Use Permit could require the developer to have two people in residency at all times. In response to Council Member Perkins, Mr. May advised that the main entrances are not gated, but the emergency access is. Ms. Karen McCurdy, General Manager of USA Multi-Family Management, advised that both a resident manager and maintenance supervisor would be living on the premises. She felt that the dictates of the program defines a higher level of professionalism of those who are hired and advised that the Tax Credit Allocation Committee has the right to audit their operation at any time. The 50% equity and long-term risk encourages the developer to properly maintain the project. They try to reduce problems through thorough screening of tenant applications, pointing out that they rejected eight out of every ten BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 26 April 2, 1996 applications at their Cathedral City project. The State conducts inspections on the projects on a yearly basis and the investors do it quarterly. Council Member Sniff asked for a clarification on the carports and garages. Mr. Mike Rowe, of Keith International, advised that each apartment unit would have one covered carport and access to 20 large enclosed storage areas. He advised that the maximum height of the units would be 28 feet. In response to Council Member Sniff, Ms. Mccurdy advised that six months would be the minimum lease period with rental rates ranging from $450 to $587 monthly and deposits ranging from $250 to $550. The units would be fully carpeted and include a refrigerator, stove, and garbage disposal. She advised that the average stay for tenants is two years and eviction proceedings begin after a three-day notice if the rent is not paid on time. In response to Council Member Sniff, Mr. Rowe advised that there are no additional pedestrian gates provided in the project and speed bumps/signs will be implemented to control vehicle speeds. In response to Council Member Henderson, Mr. Rowe advised that only single- story buildings would be adjacent to the single-family homes to the west. In response to Council Member Sniff, Mr. Rowe advised that the retention basin would be landscaped and maintained by the developer. A pool, playground, and community entertainment area will be provided. The Mayor declared the PUBLIC HEARING OPEN. Mr. Jack Sobelman, 52-815 Avenida Martinez, was concerned about how this project will look in 15 years should the resident manager leave the project and he urged the Council to consider their responsibility should that happen. Mr. Dane Hooper, 78?620 Avenida Tujunga, didn?t feel that this project is the appropriate use for the property and that it would have too many units which would result in too high a density for the area. He felt that having only one entrance would be a traffic problem and dangerous for school children going in an out to catch a school bus. He felt that affordable housing is a misnomer in this case and that the project would be a disservice to the intended populace, being a last resort housing project without sufficient parking or storage. He felt that the project would be nothing more than a modern slum and urged the Council to deny the project. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City CounciL Minutes 27 April 2, 1996 Ms Emily Hemphill advised that the density bonus is only 25% over the zoning requirements and is the same number of units that was previously approved in 1 993? The density bonus is provided as an incentive for developers to build affordable housing projects and coincides with the City's General Plan. She pointed out that the project exceeds the City's parking requirements by 70 parking spaces and felt that this type of affordable housing project is best for the City because of the developer's own investment. She pointed out that the developer has been responsive to the City's concerns in this project and she urged the Council to approve it. Ms. Susie Sanford, 50-680 Calle Paloma, urged the Council to deny the project because of the potential problems that could come from such a development. Mr. Joe Garza, 50-550 Calle Quinto, spoke in opposition to the project because of the increase in traffic and the type of tenants the project would attract. Mr. Mark Moran, 52-385 Avenida Madero, advised that he, too, wouldn't want this project to become a slum like those found in the LA area, but he didn't believe that it would because of the lower density rate and the feeling of the entire community. He pointed out that the properties would be maintained by the developer and not the tenants. He felt that it was a good project for the City that would add an opportunity for diversity in the community in terms of rental housing. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Henderson was hopeful that this type of project would provide the tenants with self worth that would help them become responsible homeowners, but was still concerned about the amount of traffic on the bridge. Mayor Holt felt that traffic is going to be a continual concern for the Council to work on regardless of the development. She felt that the developers of this project have a great deal of integrity and have tried to respond to all of the City's concerns. She commented that a similar project helped her as a single mother to gain dignity and a new beginning. She felt that others should be given the same opportunity and wholeheartedly supported the project. Council Member Perkins felt that it's important to make sure that the City is protected in the covenants. He believed that all projects depend on the people who run them and that affordable housing projects are probably better run by private enterprise than federal or state government. He suggested that a bus BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City CounciL Minutes 28 April 2, 1996 turn-out be constructed when the entrance becomes signalized. He advised that he was not in favor of the project initially, but is very pleased with the deveIoper?s efforts to respond to the changes and improvements requested by the City. He expects it to be a successful operation. Council Member Sniff felt that this project is part of our developmental diversity and that the developers have a made a real sincere effort to work with us to address the concerns of the citizens, Planning Commissioners and the City Council. We have to move into the future with confidence and he had confidence with the people involved in this project noting that they've had no failures with their other projects. It will provide the diversity we need in the community and support to the Ralph's Shopping Center. Mr. Herman advised that two issues were raised by the applicant and one was raised by the Council. The first was the comment that two staff members would be residing on staff if Council wishes that to be a condition, it will have to be added as Condition No.6 on the Conditional Use Permit. The second issue the comment that they would reduce Unit No.7 from a two-story to a single-story and locate it where Unit No.2 is and that would have to be added as Condition No.69 to the Plot Plan and that they agreed to plant one 36 box tree along the units and the west property line wail which would have to be added as Condition No.70. Council concurred on making these amendments. RESOLUTION NO.96-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 96-311 PREPARED FOR CONDITIONAL USE PERMIT 96-023 AND PLOT PLAN 96-571 FOR USA PROPERTIES. It was moved by Council Members Sniff/Perkins that Resolution No.96-22 be adopted as submitted. Motion carried unanimously with Council Member Adolph ABSENT. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 29 April 2, 1996 RESOLUTION NO.96-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ANNOUNCING FINDINGS AND APPOSING CONDITIONAL USE PERMIT 23 TO ALLOW A REDUCTION IN GROSS LIVABLE AREA FROM 1,400 SQUARE FEET TO A MINIMUM OF 750 SQUARE FEET AND PLOT PLAN 96- 571 APPROVING A 116-UNIT AFFORDABLE APARTMENT COMPLEX WITH DENSITY BONUS. It was moved by Council Members that Resolution No.96-23 be adopted as amended. Motion carried unanimously with Council Member Adolph ABSENT. MOTION It was moved by Council Members Sniff/Perkins to modify the conditions of the Plot Plan by adding Condition Nos. 69 and 70. Motion carried unanimously with Council Member Adolph ABSENT. MINUTE ORDER NO.96-51. 3. ADOPTION OF RESOLUTION OF PUBLIC INTEREST AND NECESSITY REGARDING ACQUISITION OF REAL PROPERTY AT THE NORTHWEST INTERSECTION OF HIGHWAY 111 AND WASHINGTON STREET. Mr. Cosper, Public Works Director, advised that this is a necessity hearing involving certain lands located at the northwest corner of State Highway 111 and Washington Street. The purpose of the necessity hearing is a legal prerequisite to the initiation of any legal action in an eminent domain. In negotiations with the property owner, it appears that the City will have use eminent domain to acquire the property. Under civil procedures the resolution of necessity must contain tour findings as follows: 1. The public interest and necessity require the proposed project; 2. The proposed project is planned or located in the manner that will be most compatible with the greatest public good and least private injury; 3. The property described in the resolution is necessary for the proposed project. 4. The offer required by Government Code Section 7267.2 has been made to the owners of record. He noted that the factual basis upon which Council may make each of the required findings are listed in the proposed resolution. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City CounciL Minutes 30 April 2, 1996 The owners of records are Or. and Mrs. Peter Tynberg, along with a number of other persons. The property in question includes approximately 30,1 39 square feet of frontage of Highway 111 and a small portion along Washington Street, to be acquired in fee and 9.476 square feet of non-exclusive easement for the storm drain easement; and 32,689 square feet of temporary construction easement that will last for about 365 days. Negotiations with the property owner has involved a professional real! estate appraisal of the necessary take with a fair market value of $73,360. The full appraised amount was offered to the owner of record on a number of occasions, as the record indicates. There has not been any significant progress in negotiations. The representatives of the owners of records have been given mailed notice of the hearing not less than 1 5 days in advance of the date of the hearing and have not indicated their interest in being heard before the Council in connection with this proceeding. The Mayor declared the PUBLIC HEARING OPEN. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.96-24 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA DETERMINING THE PUBLIC INTEREST AND NECESSITY FOR ACQUISITION OF PROPERTY LOCATED AT THE INTERSECTION OF HIGHWAY 111 AND WASHINGTON STREET ASSESSOR PARCEL NO.604-050-002) FOR THE PURPOSE OF WIDENING HIGHWAY 111 AND CONSTRUCTING DRAINAGE IMPROVEMENTS. It was moved by Council Members Sniff/Adolph to adopt Resolution No.96-24 as submitted. Council Member Perkins felt that it's important for the people to understand that the work currently going on at the intersection consists of interim improvements this action will allow for the permanent improvement which will begin this summer. He further commented that this is one of the busiest intersections in the Valley which makes it very important to proceed with this action at this time. Motion carried unanimously. In response to Council Member Perkins, Mr. Cosper preceded to explain why there have been delays in the interim improvements. He advised that unknown, and some abandoned underground utilities were discovered in the BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!City Council Minutes 31 April 2, 1996 areas where the light standards were going to be installed which caused delays in having to move some of them and in one case it created a need to redesign the footings, which required approval from CalTrans. Council Member Henderson suggested that an article be prepared for the next newsletter to let the people know the status of the project and the reason for the delays. STUDY SESSION DISCUSSION REGARDING LANDSCAPE DESIGN CONCEPT FOR THE COVE AREA URBAN FORESTRY PROJECT NO 95-10. Mr. Cosper, Public Works Director, briefly reviewed the history of this project advising that it began in November 1992 when the Council authorized staff to apply to the State for funding through the Environmental Enhancement and Mitigation Program for the Urban Forestry Project in the Cove Area. The project consists of reforestation of approximately 39 acres directly adjacent to the Bear Creek Bike Path. The grant is in the amount of $255,699 with the City matching it with $80,000 from the Community Services Project Fund for items not covered under the grant guidelines such as labor and equipment to assist in volunteer planting and construction of rest stops. A Master Plan was prepared by Mr. Alan Sonfist, an Environmental Artist and Ray Lopez, a Landscape Architect. The Master Plan proposes a chronological progression of landscape features prevalent in the area starting at the top of the cove and coming down to the bottom of the cove. There are four zones in the design with the oldest area at Calle Tampico and Avenida Montezuma and the newest area at the entrance of Avenida Montezuma and Avenida Carranza. Oldest' meaning indigenous type landscaping. Moving down, you will see agricultural type landscaping featuring ornamental landscaping followed by drought-tolerant landscaping. Ultimately, there will be four rest-stops with water, shade and benches at each stop. Staff is working with the Arts Foundation to come up with a concept for each of the rest-stops which might include misting systems. He also advised that there are plans for a wildlife watering habitat. Mr. Cosper advised that both Parks & Recreation Commission and the Planning Commission have reviewed the plans and have recommended approval. Additionally, staff has met with surrounding residents to gain their input. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 * !City Council Minutes 32 April 2, 1996 In response to Mayor Holt, Mr. Cosper advised that the residents have been very receptive to the plans. Council Member Adolph commented that there doesn't seem to be flowing" of one zone to the next to which Mr. Lopez responded that the intent was to make each zone distinctive and possibly even mark them with plaques. Council Member Sniff favored the placement of signs describing the surroundings. He asked if a place to park bicycles are in the plan and Mr. Cosper responded that those kinds of details have not been worked out, but was certain that bike parking would be provided. Council Member Sniff commented that a few date palms would be appropriate as they would be symbolic. He expressed concern about the trees obscuring the view of the mountains. In regard to the concept artwork, he was also concerned with a mesquite tree growing out of a basket. Council Member Henderson expressed concern about the water feature and the drawing of the wild animals to that area. Council Member Sniff concurred. Council Member Perkins felt that it would be easy to provide water for the animals, possibly through the irrigation system and didn't see it as a problem. Regarding the height of the trees, if they grow to a point where they're obscuring the view, then they can be taken out. However, he cautioned against the use of grapefruit trees because they draw the rats. He felt that the plan is excellent. In response to Council Member Henderson, Mr. Cosper advised that the name Park Descanso?' came from the residents, but has not yet been processed through the Council for adoption. Mr. Cosper advised that the next step is to move forward with specifications for the irrigation system and go to bid on the trees. Council Member Perkins advised that today he met with Congressman Bono along with a group of City officials and they were told that any time the City is filing grant applications, to let his office know and they will be happy to assist. BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02 *!!City Council Minutes 33 April 2, 1996 2. DISCUSSION REGARDING THE FIVE-YEAR CAPITAL IMPROVEMENT PROGRAM. FISCAL YEARS 1996197 THROUGH 2000/2001. Council concurred on continuing this matter to 3:00 PM on April 30th. Council recessed to Redevelopment Agency Council reconvened and adjourned to Closed Session to discuss the items delineated on Page 20 Council reconvened with no decision being made which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act) There being no further business, the meeting was adjourned. Respectfully submitted SAUNDRA JUHOLA, City Clerk City of La Quinta, California BIB] 05-20-1996-U01 01:34:43PM-U01 CCMIN-U02 04-U02 02-U02 1996-U02