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2001 05 15 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 15, 2001 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pe~a. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. Conference with legal counsel - pursuant to Government Code Section 54956.9(a), pending litigation, Coachella Valley Water District V. City of La Quinta, Riverside Superior Court Case No. INC 010827. Council recessed to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no decisions being made In Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT Lucia Moran, P. O. Box 1305, spoke regarding Community Clean-Up Day for the Coachella Valley Boys & Girls Club-La Quinta Unit scheduled for May 19th and provided an update on the remodeling schedule. CONFIRMATION OF AGENDA Council concurred to pull Consent Item Nos. 5, 8, 9, and 11 for discussion. (NOTE: Consent Item No. 8 was later moved to Business Session Item No. 5 - see Page 2.) City Council Minutes 2 May 15, 2001 ANNOUNCEMENTS - None PRESENTATIONS Rosemary Gonzalez, of Imperial Irrigation District (liD), provided Council with an update on the effects of deregulation and the current energy crisis and reviewed rebate programs available to residential and commercial properties. She confirmed the recent rate increases approved by the Public Utilities Commission will not affect liD customers nor will liD customers experience rolling blackouts unless some unexpected move is made by the State. Council Member Henderson advised she accepted the United Way Gold Award on behalf of the City for the employees' participation in the United Way Program and a Certificate of Appreciation to John Ruiz for heading up the City's campaign. She also said she had been given an Elder Abuse Manual for the City's library. WRITTEN CORRESPONDENCE Council Member Adolph requested a report be placed on the next agenda to address a petition submitted by the Westward Ho Homeowner's Association regarding traffic situations in that area. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of May 1, 2001, as submitted. Motion carried unanimously. CONSENT CALENDAR In response to Council Member Sniff, City Manager Genovese advised the survey referenced in Item No. 5 will be placed on a future agenda for Council's review and approval. A brief discussion ensued regarding Item No. 8 as to the need for a four-way stop at Avenue 54 and Monroe Street. Council concurred to move Item No. 8 to Business Session Item No. 5. City Council Minutes 3 May 15, 2001 Council Member Adolph spoke regarding Item No. 9 and recommended KSL communicate with the PGA West Homeowners Association on the time frame for completing KSL's corporate offices on the subject property and moving out of the facilities at PGA West. In response to Council Member Henderson, Community Services Director Horvitz stated the new contract for the De Martino art piece at Washington Street and Highway 111 (Item No. 11 ) does not change ownership of the art piece. 1. APPROVAL OF DEMAND REGISTER DATED MAY 15, 2001. 2. TRANSMITTAL OF TREASURER'S REPORT FOR MARCH 31, 2001. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR MARCH 31, 2001. 4. AUTHORIZE THE CITY MANAGER TO ENTER INTO A REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF AN ACOUSTIC WALL ON THE WEST SIDE OF WASHINGTON STREET FROM AVENIDA LA FONDA TO AVENUE 52. 5. ADOPTION OF THE CITY'S 2001/2002 ECONOMIC DEVELOPMENT PLAN. 6. APPROVAL OF A REQUEST BY THE COACHELLA VALLEY RECREATION AND PARK DISTRICT TO USE THE FRITZ BURNS PARK RECREATION ROOM FOR SUMMER DAY CAMP. 7. APPROVAL OF REQUEST BY THE PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY FOR RATIFICATION OF NAME CHANGE. 8. SEE BUSINESS SESSION ITEM NO. 5. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 29886, LANDAQ, INC. , A DELAWARE CORPORATION. (RESOLUTION NO. 2001-46) 10. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29894-1, COUNTRY CLUB OF THE DESERT, NRI-CCP 1, LLC, A DELAWARE LIMITED LIABILITY COMPANY. (RESOLUTION NO. 2001-47) City Council Minutes 4 May 15, 2001 11. APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR MODIFICATIONS TO THE DE MARTINO ART PIECE LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND HIGHWAY 111. 12. DENIAL OF CLAIM FOR DAMAGES FILED BY CHRISTINE L. BARRON - DATE OF LOSS: MARCH 1, 2001, 13. APPROVAL OF A PROPOSAL FOR A "SAFE ROUTES TO SCHOOL" GRANT TO CONSTRUCT SIDEVVALK ON ADAMS STREET AND WESTWARD HO DRIVE. 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR TO ATTEND THE CALIFORNIA ASSOCIATION OF MUSEUMS CONFERENCE IN LOS ANGELES, CALIFORNIA, JULY 12-14, 2001. 15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY MANAGER TO ATTEND A "POWER POINT" TRAINING CLASS GIVEN BY CALIFORNIA SPECIALIZED TRAINING INSTITUTE IN SAN LUIS OBISPO, CALIFORNIA, JUNE 22, 2001. 16. APPROVAL OF A SB 821 PEDESTRIAN AND BICYCLE FACILITIES GRANT APPLICATION. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 8 and with Item Nos. 9 and 10 being approved by RESOLUTION NOS. 2001-46 and 2001-47 respectively. Motion carried unanimously. MINUTE ORDER NO. 2001-62. BUSINESS SESSION 1. CONSIDERATION OF PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 2001/2002. Public Works Director Vogt presented the staff report. In response to Council Member Henderson, Mr. Vogt confirmed a public vote would be required to fund non-exempt projects in a new or existing assessment district. In response to Council Member Sniff, Mr. Vogt stated trying to include all the costs in Landscape & Lighting Assessment District No. 89-1 could jeopardize the existing district. City Council Minutes 5 May 15, 2001 City Attorney Jenson confirmed a second assessment district would not jeopardize the existing assessment district. Council Member Sniff commented on the differences between a general tax and special tax and asked if either tax would address the problem. Mr. Vogt stated a finding may need to be made as to whether or not the landscape and lighting improvements are a special benefit or general benefit. Council Member Henderson questioned the need for a finding since general tax monies are put in the General Fund and can be used as the City Council directs. In response to Council Member Adolph, Mr. Vogt stated $740,000 is the projected amount to come from the General Fund in FY 2001/2002. In response to Council Member Henderson, Mr. Vogt stated not all of the upcoming projects are included in the projected amount because some may not be done next year. He noted most projects include one year of maintenance. Council Member Sniff suggested staff work on the possibility of establishing a new assessment district and bring a report back to Council for discussion. Council concurred. RESOLUTION NO. 2001-48 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REPORT OF THE ENGINEER FOR FISCAL YEAR 2001/2002 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2001-48 assubmitted. Motion carried unanimously. RESOLUTION NO. 2001-49 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 CITYWlDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2001-49 as submitted. Motion carried unanimously. City Council Minutes 6 May 15, 2001 2. CONSIDERATION OF TECHNICAL TRAFFIC COMMITTEE RECOMMENDATIONS REGARDING TRAFFIC CONTROL IN VICINITY OF ADAMS PARK AND OTHER LOCATIONS. Public Works Director Vogt presented the staff report. Council Member Henderson supported the Technical Traffic Committee's (TTC) recommendation to change the stop signs at La Palms and Arosa Way and suggested a direct mailing be sent to residents in the area to notify them of the change. She also didn't see any reason for postponing the change. Council Member Perkins stated he would like to see the pedestrian counts done again later to hopefully meet warrants for a stop sign on Adams Street. He supported the Committee's recommendations but wished to include installation of warning flashers instead of waiting. He also voiced concern about having pedestrian crossing signs without a marked pedestrian crossing. Mr. Speer advised the proposed signage is intended to warn motorists of potential pedestrians and will be installed several hundred feet away from the intersection, He noted a four-way stop at La Palma and Arosa Way could increase the accident count at that intersection and added the City may want to establish different criteria for residential streets if there is going to be a deviation from the acknowledged warrant criteria. Council Member Perkins proposed a four-way stop at La Palma and Arosa Way instead of changing the stop signs from Arosa Way to La Palma. Council concurred. Mayor Pe~a commented on the potential need for additional stop signs in the neighborhood on the through street from Miles Avenue to Fred Waring Drive. Council Member Adolph voiced concern about the lack of safe access to Adams Park from the residential area on the east side of Adams Street. He spoke in favor of the Committee's recommendations and agreed with further monitoring of the area. Council Member Sniff suggested taking separate actions on the proposed changes and Council concurred. CY~y Council Minutes 7 May 15, 2001 MOTION - It was moved by Council Members Sniff/Perkins to approve the recommendations made by the Technical Traffic Committee regarding traffic control measures on Adams Street, modifying the last recommendation to read, "Adding solar-powered flashing beacons .... "and direct staff to send a direct mailing to residents in the area to inform them of the change. Robert Tyler, 44-215 Villeta Drive, spoke in support of slowing traffic on La Palma and looking at the entire area for other traffic control measure needs. Motion carded unanimously. MINUTE ORDER NO. 2001-63. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to: 1 ) install a four-way stop at La Palma and Arosa Way; 2) develop special criteria for residential streets; 3) include the traffic control change in the direct mailing to residents (as noted in the previous action); 4) and to implement the traffic control change as soon as criteria supports the change. Motion carried unanimously. MINUTE ORDER NO. 2001-64. Mr. Vogt presented the staff report related to the left-turn movement into Plaza La Quinta and a potential "No Turn on Red" sign on Highway 111 for eastbound traffic turning south at Washington Street. Council Member Perkins suggested no action be taken until the intersection is developed further. Council Member Adolph noted the"Right-Turn Only" needs to be repainted going eastbound on Highway 111 at the exit into Plaza La Quinta. Mr. Vogt stated staff would inform CaITrans. Mayor Pe~a suggested the possibility of restricting turning movements at peak hours of the day. In response to Mayor Pe~a, Mr. Speer stated he believed the equipment is in place for the traffic signal synchronization project but that implementation of the project has been put on hold due to contract disputes. Council Member Henderson asked what could be done to encourage the Plaza La Quinta Shopping Center to set their monument signs further back from the street for better traffic visibility. She suggested addressing the issue when the shopping center's employee parking program is brought before the City. Mr. Vogt advised staff would look into it. City Council Minutes 8 May 15, 2001 Council concurred to hold in abeyance any further traffic measures at the Plaza La Quinta entrance until further development of the Washington Street/Highway 111 intersection, 3. CONSIDERATION OF AN AGREEMENT WITH THE COUNTY OF RIVERSIDE TO PROVIDE FIRE PROTECTION, FIRE PREVENTION, AND MEDICAL AID FOR THE CITY OF LA QUINTA. Building & Safety Director Hartung presented the staff report. In response to Council Member Henderson, Mr. Hartung confirmed the agreement is the first step in the City gaining control of its level of fire service. City Manager Genovese advised in addition to looking at the agreement for approval as to form, the City Attorney will be reviewing for any necessary technical modifications. Robert Cox, 78-315 Crestview Terrace, spoke in support of the agreement and encouraged Council to consider upgrading the level of service by increasing the manning on fire engines. MOTION - It was moved by Council Members Sniff/Adolph to approve an agreement (pending City Attorney approval as to form and review for technical modifications) with the County of Riverside to provide fire protection, fire prevention, rescue, and medical aid for the City at current levels of service. Motion carried unanimously. MINUTE ORDER NO. 2001-65. 4. SECOND READING OF ORDINANCE NO. 356 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 13, SECTION 13.04.040, ADVISORY AGENCY; SECTION 13.04.060, REVIEW AND APPROVAL AUTHORITY; SECTION 13.12.140 APPEALS; SECTION 13.20.115, AMENDING MAPS; AND SECTION 13.20.130, APPEALS OF THE MUNICIPAL CODE (ZONING ORDINANCE AMENDMENT 2001-068). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 356 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None City Council Minutes 9 May 15, 2001 5. CONSIDERATION OF APPROVAL OF 4-WAY STOP AT THE INTERSECTION OF MONROE STREET AND AVENUE 54. (This item was moved from the Consent Calendar - see Page 2.) Senior Engineer Speer reviewed the traffic counts and noted 10 out of 14 accidents at the intersection during the last three years were attributed to motorists who assumed the intersection was already a four-way stop intersection. Mayor Pe~a suggested staff communicate with Indio on the traffic buildup problem at Avenue 50 and Monroe Street. MOTION - It was moved by Council Members Sniff/Henderson to approve installation of a four-way stop at the intersection of Monroe Street and Avenue 54 subject to concurrent approval by the County Board of Supervisors. Motion carried unanimously. MINUTE ORDER NO. 2001-66. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee -- Council Member Sniff asked for Council's input regarding information he distributed on a proposed Energy Screening Panel. He stated the City Attorney will be contacting CVAG regarding the effect of the Brown Act on the proposed Panel and added he felt the Panel should have a sunset clause. CVAG Executive Committee -- Mayor Peha noted the CVAG General Membership Meeting will be held June 25th in Blythe and that bus transportation will be available. CVAG Transportation Committee -- Council Member Perkins reported the Transportation Committee has rejected the Technical Traffic Advisory Committee's (TTAC) recommendation not to pursue Valleywide standards for trench cutting in streets. Public Works Director Vogt advised the TTAC's recommendation was due to opposition by BIA and the utility companies. C. V. Mosquito end Vector Control District -- Council Member Perkins invited everyone to attend the District's grand opening on May 24~. City Council Minutes 10 May 15, 2001 C. V. Mountains Conservancy -- Council Member Sniff reported additional land purchases are expected in Section 5 adjacent to Travertine. League of California Cities-Riverside Division -- Council Member Henderson announced SB 402 (binding arbitration) has been ruled unconstitutional and is expected to be appealed. She stated the League has unanimously voted to support the Grass Roots Network Program which, at her recommendation, will include a sunset clause Palm Springs Desert Resorts Convention and Visitor's Authority -- Council Member Henderson asked for Council's input regarding the Authority's consideration to build a new facility, possibly with a visitor's center. She has voiced opposition to a regional visitor's center and is not strongly supportive of a new building. She stated a presentation was also made by a motion picture industry representative which included positive impacts of the industry on each city. All other reports were noted and filed. DEPARTMENT REPORTS 1-A. REPORT ON FUNDING FOR AN ELECTRIC UTILITY MUNICIPALIZATION FEASIBILITY STUDY TO BE CONDUCTED BY THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG). City Manager Genovese reported CVAG is moving forward with an evaluation of a municipal electrical concept and that CVAG's Executive Director has indicated the cities within liD boundaries will not be charged a full assessment. He stated he has indicated to CVAG that La Quinta may not be legally able to participate in a municipal electrical authority outside of liD's boundaries. He advised the first component of the study is estimated to cost $50,000 and the second between $200,000 and $250,000. He further advised staff wishes to do an internal analysis to determine the parameters should the City wish to withdraw from lid and noted the City's participation in the proposed municipal electrical authority would be impossible if the City cannot withdraw from liD. Mayor Pe~a stated he would express the Council's concerns at CVAG's Executive Committee meeting. City Council Minutes 11 May 15, 2001 3-B. CITY COUNCIL SUMMER MEETING SCHEDULE. City Clerk Greek requested Council direction regarding their Summer meeting schedule. After a brief discussion, Council concurred to cancel the City Council meeting of September 4, 2001. 5-B. LAFCO HEARING ON VISTA SANTA ROSA, MAY 24, 2001, INDIAN WELLS COUNCIL CHAMBERS. Community Development Director Herman asked for Council's direction regarding the upcoming LAFCO hearing. After a brief discussion, Council concurred to direct staff to attend the LAFCO hearing and voice the City's opposition to the application. Council further directed staff to prepare a written response, with the City Attorney's assistance, to the Vista Santa Rosa application to outline inconsistencies and errors. Staff was also directed to mail copies of the letter directly to the individual LAFCO Commissioners. Council recessed to end until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS The Mayor and Council Members presented art achievement awards to the following students of La Quinta Middle School whose artwork has been displayed at City Hall: Frank Aldaz Erica Galvan Missy Moroni Crysta Arellano Maritsa Garcia Luis Najera Tim Bolin Ramon Garcia Peter Ramirez Nirey Cisneros Stefanie Gonzalez Briana Slater Alicia Cordero Vernice Guzman Kyle Stevens Tim Dalby Courtney Johnson Clinto Vasquez Tyler Dean April Mackay Dana Washington Jacob Ezekiel - Dawson Ashlie Manger Erika Zepeda City Council Minutes 12 May 15, 2001 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER FISCAL YEAR 2001/2002 CAPITAL IMPROVEMENT PROGRAM. The Mayor declared the PUBLIC HEARING OPEN. Public Works Director Vogt presented the staff report. In response to Council Member Sniff, Mr. Vogt advised the projected costs for future projects are based on current dollars but adjusted each year to reflect inflation. In response to Council Member Sniff, Community Services Director Horvitz stated the $13 million future project is for a park in the southeast area of the City and would be for purchase and development of a 40-acre regional park. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Henderson referred to A.D. 18 (Park Enhancement) on the Additional Projects List for a five-acre neighborhood park on Jefferson Street south of Fred Waring Drive and suggested moving it forward in the CIP to FY 2001/2002. She felt it may give significant relief to the Adams Park. Council Member Perkins agreed. Council Member Adolph advised he does not support all of the projects in the CIP but will voice his opposition when the individual projects come forward to Council for approval. He supported moving A.D. 18 to FY 2001/2002. Council Member Sniff stated he didn't object to moving the project forward but wasn't sure the project can be fast-tracked that much. He noted the City is still trying to move forward with the Community Park at Westward Ho and Adams Street and asked what the time frame is on that project. Ms. Horvitz advised staff anticipates advertising for bids on the Community Park in November and begin construction in January 2002 for completion in July 2002. Mayor Pete supported moving A.D. 18, noting it would give the City an opportunity to work with the developer on completion of the park. Council Member Henderson suggested the CIP Summary Report be revised since several of the projects are 100% complete. City Council Minutes 13 May 15, 2001 RESOLUTION NO. 2001-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2001/2002 THROUGH 2005/2006 CAPITAL IMPROVEMENT PLAN. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2001-50 as amended (moving Item A.D. 18 forward to FY 2001/2002). Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 29053, A SUBDIVISION OF 103 SINGLE FAMILY LOTS ON 33+ ACRES LOCATED NORTHWEST OF THE INTERSECTION OF JEFFERSON STREET AND AVENUE 50. APPLICANT: LUNDIN DEVELOPMENT COMPANY. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. Mike Smith, of Warner Engineering, advised the purpose for the time extension is for recordation of the tract map. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 2001-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 29053 ALLOWING 103 SINGLE FAMILY LOTS ON 33 NET ACRES (LUNDIN DEVELOPMENT COMPANY). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2001-51 as submitted. Motion carried unanimously. City Council Minutes 14 May 15, 2001 3, PUBLIC HEARING ON: 1) A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) GENERAL PLAN AMENDMENT 2001-076, A REQUEST TO REMOVE 19.64 ACRES OF TOURIST COMMERCIAL USE AND REPLACE WITH MEDIUM' DENSITY RESIDENTIAL USE; 3) ZONE CHANGE 2001-099, A REQUEST TO REMOVE 19.64 ACRES OF TOURIST COMMERCIAL ZONE AND REPLACE WITH MEDIUM DENSITY RESIDENTIAL ZONE; 4) SPECIFIC PLAN 2001-053, A REQUEST FOR DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR 127 RESORT VILLA UNITS; AND 5) TENTATIVE TRACT MAP 30096, A REQUEST TO SUBDIVIDE 19.64 ACRES INTO 127 RESIDENTIAL LOTS AND OTHER AMENITY LOTS ON PROPERTY LOCATED AT 57-325 MADISON STREET. APPLICANT: PUERTA AZUL PARTNERS, LLC. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report and advised the first sentence in Condition No. 1 of the Specific Plan and Condition No. 1 of Tentative Tract 30096 should be revised to read, ".....thereunder, including but not limited to the Mitigated Negative Declaration, General Plan Amendment 2001-076, Specific Plan 2001-053, Zone Change 2001-099, and Tentative Tract Map 30096." in response to Council Member Adolph, Principal Planner Baker advised the project is divided into two phases and that all infrastructure will be completed prior to construction of the units. He confirmed the two-story units abut the street and not adjoining properties and that a perimeter wall will be constructed along the north property line. In response to Council Member Adolph, Mr. Herman advised the conditions of approval require the pad elevation differences not to exceed three feet at abutting properties. He stated the building sizes and layout will be presented to the Planning Commission at a future date. Council Member Adolph voiced concern about having sufficient setback along Hermitage and asked about stacking requirements at the entrance. Mr. Baker stated both entrances/exits are required to provide stacking for four vehicles. Mark Rockwell, President of Pacific Sante Fe Corporation, Managing Member of Puerta Azul LLC, gave a brief presentation on the project. Council Member Adolph stated his only concern is that the project be completed and asked if financing was in place, to which Mr. Rockwell responded yes. City Council Minutes 15 May 15, 2001 In response to Council Member Perkins, Mr. Rockwell confirmed a traffic signal will be installed at the entrance when warrants are met. In response to Council Member Sniff, Mr. Rockwell stated the resort villa units range in size from 1,300 to 1,800 square feet and are designed to accommodate different size families. He added the units are intended for vacation use and cannot be occupied by the owner or any one renter for more than six months a year. Mayor Pe~a asked if the same restrictions would apply if the project is sold and if interior remodeling of the units would be allowed. Mr. Herman advised the occupancy restriction is part of the CC&Rs which is subject to the City's approval. Mr. Rockwell confirmed the unit interiors can be remodeled as long as the exterior is not altered, In response to Council Member Sniff, Mr. Herman explained the occupancy restriction was placed on the project because of the "resort residential" status of the project and that Transient Occupancy Tax (TOT) cannot be involved in a residence occupied by the owner more than 30 days a year. City Manager Genovese stated the occupancy restriction was a result of a compromise. The Tourist Commercial zoning designation was originally expected to produce revenue for the City, whereas, the requested residential zoning designation would produce very little revenue. Council Member Henderson was concerned the units might be viewed as an apartment complex some time in the future. Mr. Herman noted without an occupancy restriction the units could become year-round residences and the single-car garages would create a parking problem. In response to Council Member Henderson, City Attorney Jensen confirmed the City's approval of the CC&Rs can be limited to specific sections as it relates to TOT. In response to Council Member Henderson, Mr. Rockwell stated they will make a good faith effort to use .6 as the adjustment factor for the annual applied water allowance. Council Member Henderson voiced concern about the density and two pools being adequate for the number of units. Council Member Sniff questioned there being sufficient parking for guests and asked if there would be a limit on the number of occupants per unit. City Council Minutes 16 May 15, 2OO1 Mr. Rockwell reviewed the parking plan and confirmed there will be an occupancy limit on the rented units. In response to Council Member Adolph, Mr. Rockwell advised the project density is six units per acre. Mayor Pe~a questioned the project's density being compatible with the area and voiced concern about the City being involved with enforcement of the CC&Rs. He stated he has a problem supporting the proje6t as currently configured. In response to Council Member Henderson, Mr. Herman confirmed a Tourist Commercial zoning designation prohibits anyone from staying in the unit over 30 days, including the owner. Council Member Henderson stated she liked the project as tourist commercial and was concerned about changing the zoning to medium density. She also questioned how the occupancy restriction would be enforced. Emily Hemphill, of Seizer, Ealy, Hemphill & Blasdel, legal counsel for the applicant, advised the project is not a timeshare development and has generated positive comments from the surrounding properties. She felt a hotel, which the current zoning allows, would be less compatible with the surrounding properties. As for the CC&Rs, she stated the City would have the right of enforcement but not the obligation. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff stated he felt the compatibility is reasonable and would support the project. Council Member Adolph concurred. In response to Council Member Henderson, Mr. Herman stated the type of trash containers used will be up to the homeowners association. RESOLUTION NO. 2001-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR GENERAL PLAN AMENDMENT 2001-076, ZONE CHANGE 2001-099, SPECIFIC PLAN 2001-053, AND TENTATIVE TRACT MAP 30096 (PUERTA AZUL LLC.). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2001-52 as submitted. Motion carried with Mayor Pe~a voting NO. City Council Minutes 17 May 15, 2001 RESOLUTION NO. 2001-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2001-076-TO CHANGE THE LAND-USE DESIGNATION FROM TOURIST COMMERCIAL (TC) TO MEDIUM DENSITY RESIDENTIAL (MDR) ON APPROXIMATELY 19.64 ACRES LOCATED AT 57-325 MADISON STREET (PUERTA AZUL LLC.). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2001-53 as submitted. Motion carried with Mayor Per~a voting NO. MOTION - It,was moved by Council Members Sniff/Adolph to take up Ordinance No. 357 by title and number only and waive further reading. Motion carried with Mayor Pe~a voting NO. ORDINANCE NO. 357 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CHANGE OF ZONE 2001-099 REZONING CERTAIN PROPERTY FROM TOURIST COMMERCIAL TO MEDIUM DENSITY RESIDENTIAL (PUERTA AZUL LLC.). It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 357 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff NOES: Mayor Pe~a ABSENT: None ABSTAIN: None RESOLUTION NO. 2001-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR 127 RESORT VILLA UNITS AND RECREATIONAL AMENITIES (SPECIFIC PLAN 2001-053 - PUERTA AZUL LLC.). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2001-54 as amended (modifying Condition No. 1 to read, ".....thereunder, including but not limited to the Mitigated Negative Declaration, General Plan Amendment 2001-076, Specific Plan 2001-053, Zone Change 2001-099, and Tentative Tract Map 30096." and modifying Condition No. 65 to clarify what the City will be enforcing in the CC&Rs). Motion carried with Mayor Pe~a voting NO. City Council Minutes 18 May 15, 2001 RESOLUTION NO. 2001-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A 127-LOT SUBDIVISION AND MISCELLANEOUS AMENITY LOTS ON APPROXIMATELY 19.64 ACRES LOCATED ON MADISON STREET, NORTH OF AVENUE 58 (TENTATIVE TRACT MAP 30096 - PUERTA AZUL LLC.). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2001-55 as amended (modifying Condition No. 1 to read, ".....thereunder, including but not limited to the Mitigated Negative Declaration, General Plan Amendment 2001-076, Specific Plan 2001-053, Zone Change 2001-099, and Tentative Tract Map 30096." and modifying Condition No. 67 to clarify what the City will be enforcing in the CC&Rs). Motion carried with Mayor Pe~a voting NO. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING VILLAGE PROMOTION AND ECONOMIC DEVELOPMENT OFFICE. Council Member Sniff suggested the possibility of using the City's building on Avenida Bermudas for economic development or village promotion since the Chamber of Commerce no longer wishes to use the facility. He also suggested changing the Mainstreet Marketplace events to three Village Festivals. Council Member Perkins agreed with getting feedback on use of the facility. He also didn't object to changing the Uainstreet Marketplace to festival events but suggested at least four a year. He felt the change could be done in conjunction with completion of the prototypical street. Council Member Adolph commented on the difficulty of getting a commitment from vendors for only three times a year. Council Member Henderson noted the Chamber may feel differently about preferring the Highway 111 facility if the City were to become unable to heavily subsidize use of that facility. She also felt there's some question by the Chamber as to whether or not they should be responsible for putting on the Mainstreet Marketplace. She liked the idea of having festivals but agreed it's difficult to get vendors with any consistency. City Council Minutes 19 May 15, 2001 Mayor Pe~a suggested two festivals a year, one in the winter with the tree lighting and one in conjunction with the City's birthday picnic. He also mentioned using the Avenida Bermudas building for a community policing facility. Council concurred to invite the Chamber of Commerce representatives to attend a study session on June 5, 2001, to discuss use of the Avenida Bermudas facility and possibly changing the Mainstreet Marketplace events to two festivals a year. 2. DISCUSSION REGARDING PORTABLE POWER GENERATORS FOR MARKETS. Council Member Perkins suggested looking into the possibility of providing portable power generators to food markets should a major power outage happen. Council concurred. 3. DISCUSSION REGARDING A FLORAL ARRANGEMENT FOR MAYOR PRO TEM PHIL STACK OF RANCHO MIRAGE. Mayor Pel~a suggested sending a floral arrangement to Mayor Pro Tem Phil Stack of Rancho Mirage who is hospitalized at Loma Linda University Hospital. Council concurred. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California