2001 08 21 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
AUGUST 21, 2001
A regular meeting of the La Quinta City Council was called to order at the hour of
2:00 p.m. by Mayor John Pe~a.
PRESENT: Council Members Henderson, Perkins, Sniff, Mayor Pe~a
ABSENT: Council Member Adolph
MOTION: It was moved and seconded by Council Members Henderson/Sniff to
excuse the absence of Council Member Adolph. The motion was
unanimously carried.
PUBLIC COMMENT - None
CLOSED SESSION
1. CONFERENCE WITH LABOR NEGOTIATORS - SKI HARRISON AND TOM GENOVESE
REGARDING NEGOTIATIONS WITH THE LA QUINTA MANAGEMENT EMPLOYEES
PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS.
2. CONFERENCE WITH LABOR NEGOTIATORS - SKI HARRISON AND TOM GENOVESE
REGARDING NEGOTIATIONS WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION
PURSUANT TO GOVERNMENT CODE SECTION 54957.6, MEET AND CONFER PROCESS.
3. EVALUATION OF PUBLIC EMPLOYEE - CITY MANAGER - PURSUANT TO GOVERNMENT
CODE SECTION 54957.
4. PENDING LITIGATION - GOVERNMENT CODE SECTION 54956.9(a) - CITY OF ORANGE,
ET. AL., V. SAN DIEGO COUNTY EMPLOYEES RETIREMENT ASSOCIATION, VENTURA
COUNTY CASE NO. SC025999.
Council recessed to Redevelopment Agency and to Closed Session to and until the
hour of 3:00 p.m.
3:00 P.M. - Meeting reconvened by Mayor Pe~a, with all members present except
Council Member Adolph.
PLEDGE OF ALLEGIANCE - Mayor Pe~a led the audience in the Pledge of Allegiance.
City Council Minutes 2 August 21, 2001
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA - City Manager, Thomas Genovese, advised the City
Council one additional item had been added to the agenda, under Written
Communications. He said if the Council desires to consider taking action on this
matter, they may wish to move it to the Business Session portion of the agenda.
ANNOUNCEMENTS - None
PRESENTATIONS - None
WRITTEN CORRESPONDENCE
Note: Added to the Agenda by way of an addendum to the agenda posted on August
17, 2001.
1. REQUEST FROM SUPERVISOR WILSON FOR LETTER FROM CITY TO LAFCO
AGREEING TO POSTPONE FURTHER CITY-INITIATED ANNEXATION
PROCEEDINGS IN VISTA SANTA ROSA AREA IN EXCHANGE FOR
WITHDRAWAL OF COMMUNITY OF INTEREST DESIGNATION APPLICATION
SET FOR HEARING ON AUGUST 30, 2001.
MOTION: It was moved by Council Members Sniff/Perkins to move consideration of
Supervisor Wilson's request to Business Session Item No. 10. The motion carried
unanimously with Council Member Adolph absent.
Note: see page 9 for consideration of this item.
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of August 7, 2001, as submitted. Motion carried unanimously with
Council Member Adolph absent.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED AUGUST 21, 2001.
City Council Minutes 3 August 21, 2001
2. TRANSMITTAL OF TREASURER'S REPORT DATED JUNE 30, 2001.
3. TRANSMITTAL OF REVENUE AND EXPENDITURE REPORT FOR JUNE 30,
2001.
4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 27835,
RANCHO LA QUINTA.
5. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 27952,
RANCHO LA QUINTA.
6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 27952-1,
RANCHO LA QUINTA.
7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28640,
RANCHO LA QUINTA.
8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
.... 24197-3, MONTICELLO, CENTURY HOMES.
9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS
ASSISTANT ENGINEER I TO ATTEND THE FUNDAMENTALS OF INSPECTION
PRACTICE SPONSORED BY THE UNIVERSITY OF BERKELEY IN SAN LUIS
OBISPO, CA ON OCTOBER 11, 2001.
10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SAFETY
MANAGER TO ATTEND A TRAINING CONFERENCE GIVEN BY THE
CALIFORNIA EMERGENCY SERVICES ASSOCIATION, LOCATED IN
KELSEYVILLE, CA., SEPTEMBER 24 THROUGH 28, 2001.
11. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENT NO. STPLH-5433
(004) FOR PRELIMINARY ENGINEERING ON AVENUE 52 FROM JEFFERSON
STREET TO CENTRINO, PROJECT NO. 99-04.
12. ADOPTION OF A RESOLUTION APPROVING SALARY RANGE ADJUSTMENTS
FOR MANAGEMENT, CONTRACT MANAGEMENT AND CONFIDENTIAL
CLASSIFICATIONS.
13. ADOPTION OF A RESOLUTION AND AN AMENDMENT TO THE
MEMORANDUM OF UNDERSTANDING WITH LA QUINTA CITY EMPLOYEES
ASSOCIATION REGARDING SALARY RANGE ADJUSTMENTS.
City Council Minutes 4 August 21, 2001
14. ADOPTION OF A RESOLUTION ACCEPTING VARIOUS ITEMS IN RELATION TO
MARIACHI FESTIVAL 2001.
15. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL
MAP 30168, KSL LAND CORPORATION.
16. APPROVAL OF CONTRACT CHANGE ORDER TO ALLOW A TEMPORARY
RECONFIGURATION OF IRRIGATION LINES TO ACCOMMODATE THE
ULTIMATE WIDENING OF JEFFERSON STREET AT AVENUE 49, JEFFERSON
STREET IMPROVEMENTS PHASE I - AVENUE 54 TO HIGHWAY 111, PROJECT
99-05.
17. ADOPTION OF A RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS
FOR THE ROBERTI-Z'BERG-HARRIS URBAN SPACE AND RECREATION BLOCK
GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD PARKS, CLEAN
WATER, CLEAN AIR, AND COASTAL PROTECTION BOND ACT OF 2000.
18. ADOPTION OF A RESOLUTION APPROVING APPLICATION FOR GRANT FUNDS
FOR THE PER CAPITA GRANT PROGRAM UNDER THE SAFE NEIGHBORHOOD
PARKS, CLEAN WATER, CLEAN AIR AND COASTAL PROTECTION BOND ACT
OF 2000.
19. APPROVAL OF USE OF THE LA QUINTA MUSEUM BY THE LA QUINTA
HISTORICAL SOCIETY FOR A MEMBERSHIP RECEPTION.
20. AUTHORIZATION FOR THE CITY MANAGER TO SIGN A CONTRACT
EXTENSION FOR A YEAR WITH HILTON FARNKOPF & HOBSON, LLC FOR AB
939 SERVICES FOR FISCAL YEAR 2001/2002.
MOTION -It was moved by Council Members Henderson/Sniff to approve the
Consent Calendar as recommended with Item No. 8 removed for separate
consideration and Items No. 12-15,17 and 18 being approved by RESOLUTION
NOS. 2001-'102 through 2001-107 respectively. Motion carried unanimously
with Council Member Adolph absent. MINUTE ORDER NO. 2001-122.
8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
24197-3, MONTICELLO, CENTURY HOMES.
MOTION - It was moved by Council Members Henderson/Perkins to adopt a
resolution entitled:
City Council Minutes 5 August 21, 2001
RESOLUTION 2001 - 108
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA
GRANTING CONDITIONAL FINAL MAP APPROVAL OF TRACT 24197-3 AND
AUTHORIZING A TIME EXTENSION FOR SATISFACTORY COMPLETION OF
THE CONDITIONAL REQUIREMENTS TO VALIDATE THE APPROVAL
Motion carried unanimously with Council Member Adolph absent.
BUSINESS SESSION
1. CONSIDERATION OF AN ORDINANCE REPEALING CHAPTER 5.32 OF THE LA
QUINTA MUNICIPAL CODE (MASSAGE BATHS AND SIMILAR BUSINESSES),
AND ADOPTING THE COACHELLA VALLEY MODEL MASSAGE ORDINANCE
FOR THE CONSISTENT REGULATION AND RECIPROCAL PERMITTING OF
MASSAGE THERAPY BUSINESS ACTIVITIES WITHIN THE COACHELLA
VALLEY AS CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL CODE.
Director of Building and Safety Tom Hartung presented the staff report.
Council Member Sniff questioned how this ordinance differs substantially from
the City's current ordinance.
Mr. Hartung replied the ordinance provides more stringent enforcement
provisions than the city's current ordinance. He also explained it will allow
massage professionals to secure only one permit that can be used in all of the
Coachella Valley cities who have adopted the valley-wide ordinance.
MOTION -It was moved by Council Members Sniff/Henderson to take up
Ordinance 359 by title and number only and waive further reading.
Motion carried unanimously with Council Member Adolph absent.
ORDINANCE NO. 359
AN ORDINANCE OF THE CITY OF LA QUINTA REPEALING CHAPTER 5.32 OF
THE LA QUINTA MUNICIPAL CODE AND ADOPTING THE COACHELLA VALLEY
MODEL ORDINANCE FOR THE CONSISTENT REGULATION AND RECIPROCAL
PERMITTING OF MASSAGE THERAPY BUSINESS ACTIVITIES WITHIN THE
COACHELLA VALLEY, AS CHAPTER 5.32 OF THE LA QUINTA MUNICIPAL
CODE
City Council Minutes 6 August 21, 2001
MOTION -It was moved by Council Members Sniff/Henderson to introduce
Ordinance No. 359 on first reading.
Motion carried by the following vote:
AYES: 4 Henderson, Perkins, Sniff, Pe~a
NOES: 0 None
ABSENT: 1 Adolph
2. CONSIDERATION OF PARTICIPATION IN THE PROPOSED COACHELLA VALLEY
ANIMAL CAMPUS.
Director of Building and Safety Tom Hartung presented the staff report and
advised the City Council CVAG's Executive Committee recently authorized the
consultant's report to be distributed to member cities for their consideration. He
noted the report is attached to the staff report.
Patricia "Corky" Larson, Executive Director of CVAG, addressed the Council,
stating she understands the unique position La Quinta is in, because it has its
own Animal Control Officers. She encouraged the City Council to look at all of
the aspects of a County-wide facility.
Aurora Kerr, Director of Human and Community Resources for CVAG presented
a power point presentation which highlighted the non-profit and public shelters
in the valley presently. She also summarized the service providers currently
serving the cities in the Coachella Valley.
Jean Benson, Council Member from the City of Palm Desert spoke in support
of La Quinta participating in the joint venture.
Robert Gomer, former City Councilman from Cathedral City, spoke in favor of
the proposed valley-wide Animal Campus as a mutually beneficial public/private
partnership.
Mike Russell, President of Animal Samaritans described the site for the proposed
Animal Campus. He said the 1 O-acre site would be used to build an Educational
and Medical Facility as well as a small shelter to house Animal Samaritans and
the remaining five acres of the site would be contributed to the County for the
County-wide Animal Campus.
City Council Minutes 7 August 21, 2001
Council Member Perkins said he is not in favor of this proposal because of the
distance it would be necessary for La Quinta Animal Control Officers to travel
to the proposed location. He felt this would take the City's Animal Control
personnel out of service for too long a period whenever they needed to
transport an animal to the proposed facility.
Council Member Henderson stated she visited a number of facilities throughout
the County and although the facility in Moreno Valley was very impressive she
would have difficulty supporting a central County Shelter because of the cost
to the cities in the valley.
Co.uncil Member Sniff agreed with both Council Members Henderson and
Perkins. He felt the Indio facility is the most practical for La Quinta but stressed
the need for that facility to receive upgrades.
Mayor Pe~a said he also feels the Indio facility needs upgrading and with
reasonable improvements to that facility, combined with the City of La Quinta's
in-house animal services program, animal care in La Quinta would be adequate.
MOTION: It was moved by Council Members Sniff/Perkins that the City of La
Quinta indicate to CVAG that the city is not interested in participating in a
Valley-wide animal campus and is not interested in joining a Joint Powers
Agency or participating in the capital and operational cost associated with the
facility.
The motion was unanimously carried with Council Member Adolph absent.
MINUTE ORDER 2001 - 123
RECESS: Mayor Pe~a declared a short recess at 4:00 p.m. The meeting was
reconvened at 4:05 p.m. with all Council Members present except Council
Member Adolph.
3. CONSIDERATION OF MEMORANDUM OF UNDERSTANDING WITH THE
COUNTY OF RIVERSIDE FOR PROVISION OF LIBRARY SERVICES.
Assistant City Manager Mark Weiss presented the staff report recommending
approval of a Memorandum of Understanding between the City of La Quinta and
the County of Riverside for the provision of library services effective July 1,
2002 through June 30, 2005.
City Council Minutes 8 August 21, 2001
Council Member Sniff questioned staff whether any consideration was given to
a shorter time period for the MOU. Mr. Weiss replied the County had originally
proposed a five-year period based on the City Council's prior discussions.
Mayor Pe~a reported on a meeting with members of the Friends of the Library
which he and Council Member Henderson attended prior to this meeting. He
said the purpose of the meeting was to explain some of the provisions of the
proposed MOU with the County for library services.
Honey Atkins, 79322 Cetrino, spoke regarding the Friends of the Library and
said the organization is in place for the sole purpose of helping the library.
Robert Atkins, 79322 Cetrino, stated he is reluctant to see the city entering into
an MOU with the County. He said he feels the routine operations and the cost
of books should be the responsibility of the County. He presented the City
Council with an accounting of the funds expended by the Friends of the Library
over the years and said he hopes in the future the Friends will be able to provide
additional amenities to the library; with the County providing proper funding for
operations.
Council Member Sniff said he has major concerns and would like to see the City
go on its own to build and run a city library.
Council Member Perkins said he is in favor of a contract with the County at this
time because the City is not ready to do its own library.
Council Member Henderson felt the MOU with the County is the best way for
the City to proceed at this time. She also pointed out that the rate of return to .
the City under the terms of the proposed MOU is 103%.
Mayor Pe~a agreed that the MOU is beneficial to the City. He also indicated
concern regarding the use of RDA pass-through funds for construction and
needs to know more about the city's ability to use the funds for capital
expenditures.
MOTION' It was moved by Council Members Henderson/Perkins to approve a
Memorandum of Understanding with the County of Riverside to provide library
services for a period from July 2, 2002 to June 30, 2005.
The motion carried with Council Member Sniff voting NO and Council Member
Adolph absent.
MINUTE ORDER 2001-124
City Council Minutes 9 August 21, 2001
Mayor Pe~a asked for concurrence to move Business Item 10 up at this point to
accommodate Supervisor Wilson's staff member. City Council concurred.
BUSINESS SESSION
10. REQUEST FROM SUPERVISOR WILSON FOR LETTER FROM CITY TO LAFCO
AGREEING TO POSTPONE FURTHER CITY-INITIATED ANNEXATION
PROCEEDINGS IN VISTA SANTA ROSA AREA IN EXCHANGE FOR
WITHDRAWAL OF COMMUNITY OF INTEREST DESIGNATION APPLICATION
SET FOR HEARING ON AUGUST 30, 2001.
Mayor Pe~a discussed the meeting he had with Supervisor Roy Wilson regarding
the organization of a Community of Interest in the Vista Santa Rosa Area. He
then outlined, for the public, the proposal from Supervisor Wilson.
Dennis Arcuri, representing Supervisor Wilson stated he was available for any
questions the Council might have.
Council Member Sniff asked if Mr~ Arcuri could tell him how many people were
involved in the Community of Interest. Mr. Arcuri responded that there were
three.
Council Member Sniff questioned if the three applicants for the Community of
Interest (COl) have agreed, in writing, to the suggested compromise. Mr.
Arcuri responded that he did not believe any discussion has been held with the
applicants for the COl.
Mayor Pe~a said his discussion with the Supervisor revolved around the need
to allow time for careful planning of the Vista Santa Rosa area.
Mr. Arcuri stated he felt this request is not asking very much from either of the
two parties.
Council Member Henderson pointed out a city is legally allowed to annex
property which is within its sphere of influence.
In response to Council Member Sniff, Mr. Arcuri stated the Vista Santa Rosa
Community of Interest is basically the area east of Monroe St.
Council Member Henderson reported, as a result of a new law, SB 2838, all
LAFCOs are now required to do "Service Reviews" on the areas within that
LAFCO's jurisdiction. She stated, until the service reviews are completed, cities
will not be permitted to file for annexations.
City Council Minutes 10 August 21, 2001
Council Member Perkins asked why the City of La Quinta seems to have been
singled out by the Supervisor for this request when he has not asked the cities
of Indio and Coachella to enter into a similar kind of agreement. Mr. Arcuri
responded that it was because La Quinta is more active in this area than the
other two cities. He also said he did not believe the Supervisor was in any way
"taking sides."
Council Member Sniff stressed the fact that the City of La Quinta has been
approached by several landowners to the southeast of the City. He said the
City's interest has only been in response to those specific requests for
annexation into La Quinta.
Council Member Henderson asked Mr. Arcuri if he was aware of a letter from
Supervisor Roy Wilson, presented to LAFCO in May, requesting that a portion
of La Quinta's sphere of influence be put into the Indio sphere of influence.
Director of Community Development Jerry Herman confirmed that such a letter
was presented.
Council Member Henderson said if a letter from La Quinta could be very
carefully crafted, so it would protect the City's rights, she might then be able
to support this request.
Mayor Pe~a stated he supported the Supervisor's request.
Council Member Perkins said he could not support the request.
Council Member Sniff did not see the point of the request since no annexation
petitions are contemplated in that area. He also felt, based upon Council
Member Henderson's comments relative to service reviews, no response is
necessary.
Mayor Pe~a felt the City Council was reading too much into the Supervisor's
letter and suggested the City send a very generic letter to LAFCO.
There being no further discussion, the Mayor said it was obvious the Council
was evenly divided on this issue which results in no action being taken.
BUSINESS ITEMS ......................... continued
4. CONSIDERATION OF A RESOLUTION AUTHORIZING THE INITIATION OF
PROCEEDINGS AND THE ASSUMPTION OF JURISDICTION BY THE
COACHELLA VALLEY WATER DISTRICT FOR THE ACQUISITION OF CERTAIN
IMPROVEMENTS PURSUANT TO THE PROVISIONS OF THE MUNICIPAL
IMPROVEMENT ACT OF 1913 - TRACT 24197.
City Council Minutes 11 August 21, 2001
Mayor Pe~a indicated a need to step down for this matter on the basis of a
possible conflict of interest. Mayor Pe~a left the dais, Mayor Pro Tem Sniff
presided.
The staff report as presented is on file in the office of the City Clerk.
MOTION: It was moved by Council Members Sniff/Henderson to adopt a
resolution entitled:
RESOLUTION NO. 2001-109
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
APPROVING THE INITIATION OF PROCEEDINGS AND THE ASSUMPTION OF
JURISDICTION BY THE COACHELLA VALLEY WATER DISTRICT FOR THE
ACQUISITION OF CERTAIN IMPROVEMENTS PURSUANT TO THE PROVISIONS
OF THE MUNICIPAL IMPROVEMENT ACT OF 1913 - TRACT 24197
The motion carried with Council Member Adolph and Mayor Pe~a absent.
RECESS: Mayor Pe~a declared a dinner recess to and until the hour of 7:00 p.m.
RECONVENE: 7:00 p.m. - Mayor Pe~a reconvened the meeting with all members
present with the exception of Council Member Adolph.
PUBLIC COMMENTS
There were no public comments made at this time.
PUBLIC HEARINGS
1. CONTINUED PUBLIC HEARING PURSUANT TO SECTION 2.04.130 OF THE LA
QUINTA MUNICIPAL CODE, A) DETERMINATION OF THE SCOPE OF
PARTICIPATION IN THE HEARING; B) PUBLIC HEARING TO CONSIDER
APPEALS TO THE CITY COUNCIL OF THE PLANNING COMMISSION DECISION
TO ALLOW DEVIATION FROM THE PUBLIC WORKS DEPARTMENT APPROVED
MASS GRADING PLAN FOR THE PROPERTY LOCATED ON THE NORTH SIDE
OF AVENUE 54, BETWEEN JEFFERSON STREET AND MADISON STREET AND
DETERMINATION OF PUBLIC PARTICIPATION.
City Council concurred that the scope of the hearing would include anyone who
wished to speak to the Council on this matter.
Mayor Pe~a opened the public hearing at 7:04 p.m.
City Council Minutes 12 August 21, 2001
Community Development Director Jerry Herman presented the staff report.
David Darrin, representing PGA West Residential Association, thanked the City
Council for allowing the Appellants the opportunity to meet with the
representatives of Country Club of the Desert to try to resolve this matter. He
gave a photo presentation depicting the views of the berm from PGA West,
from Avenue 54, as well as views taken from the berm looking into Country
Club of the Desert.
Mayor Pe~a questioned if there is anything in the law that states a homeowner
is entitled to a view.
Mr. Darrin said there is a section in the code that prohibits "spite" fences and
walls.
Michael L. Walker, 54-321 Madison St., General Manager of the PGA West
Residential Association, said he is representing 2,700 residents in this matter.
He objected to the height of the berm and the lack of compatibility with
neighboring developments.
Chris Bergh, of MDS Consulting, stated he is a registered surveyor and
performed a technical review of the berm at Country Club of the Desert at the
request of the PGA West Association. Mr. Bergh said he noted the pad
elevations on the Country Club of the Desert side of the berm vary from minus
2 feet to plus 3 to 4 feet. He said, based on the plans for the berm to undulate
in height, the amount of excess soil required to be removed, should not be too
significant.
David Roberdes, 54015 Southern Hills, one of the appellants objected to the
height of the wall and berm. He stated Country Club of the Desert has not met
their obligations regarding the air quality or the grading. He read the names of
the PGA West residents who have authorized him to represent them at this
hearing.
Mervyn Kirshner, 54063 Southern Hills, an appellant, spoke on behalf of the
residents of PGA West and asked the City Council to deny the grading plan
deviation granted by the Planning Commission.
Elizabeth Tally, said she is a resident of Vista Santa Rosa who uses Avenue 54
to access Jefferson St. She felt the berm is too high and creates a tunnel
effect.
City Council Minutes 13 August 21, 2001
Gail Cady, also a resident of Vista Santa Rosa reminded the residents of PGA
West that not too long ago they were new residents and their community
blocked views for many of the residents who have lived in the Valley for many
years.
Jim Donnelly, stated the PGA golf courses bring in many tourists and revenue
to the City. He said this berm blocks views of the Chocolate Mountains from
the golf courses.
Nancy Aaronson, representative of Country Club of the Desert, said the appeal
is about the approved grading deviation granted by the Planning Commission.
She said the appellants were invited to come to the Country Club of Desert
office for a complete briefing of the plans for landscaping the berms and the
final effect of the undulations planned for the berms. She said no one from
PGA West took advantage of that meeting. She addressed the slopes relative
to the berm. She said the actual height deviation from the original approvals is
only about 1/3 of the length of the berm along Avenue 54.
Ms. Aaronson added the City has no height limits for berms in the municipal
code. She also felt higher berms can only help with the problem of errant golf
balls.
Council Member Henderson asked Ms. Aaronson about the pad elevations. Ms.
Aaronson said this is a new issue to her and that no effort has been made to
raise the pads.
Steve Garcia, Landscape Architect with GMA of Newport Beach, explained that
the right-of-way landscaping will have a very soft pallet. He showed the
proposed views from Avenue 54. He also showed a representation of the right-
of-way at eight feet and explained the grading will be a two-to-one slope.
In response to Mayor Pe~a, Public Works Director Chris Vogt stated he is not
sure when the developer will be making the final improvements to Avenue 54.
Mr. Garcia displayed a berm profile for the length of Avenue 54 and stated only
about 15% of the length of the berm will be above the wall.
David Darrin, in rebuttal stated Mr. Casden, legal counsel for Country Club of
the Desert has informed him they are not interested in the proposal he
submitted to effect a compromise. He asked if the City Council had read his
- letter of August 15, 2001, and hoped this may be the solution to the problem.
Mayor Pe~a responded that the City Council had copies of both his letter and
Mr. Casden's reply.
City Council Minutes 14 August 21, 2001
There being no more public testimony, Mayor Pe~a closed the public hearing at
8:51 p.m.
In response to Mayor Pe~a, Director Herman said grading plans had been
approved prior to the request for deviation. He said the original grading plan
approvals were granted by City staff at the time of the Specific Plan approval.
He said since the code does not contain a height limitation he felt the Planning
Commission should be given an opportunity to consider the request for deviation
from the approved grading plan.
Council Member Sniff said since the height does not violate any of the City
codes, he could not see a reason to deny the grading plan deviation. He also
felt the view looking North will be lost to PGA West, whether from a landscaped
berm or houses.
Mayor Pe~a inquired at what point in the process the grades are checked by the
City. Public Works Director Vogt said, in the case of golf courses, this is not
done until city staff is advised the final grading has been completed. Nancy
Aaronson remarked the schedule for the final grading to be completed is 30 to
45 days.
In response to Council Member Sniff, Ms. Aaronson said she didn't see any
purpose in lowering the maximum berm height to 1 8 feet.
Council Member Henderson agreed with Council Member Sniff that the ridge line
will be very attractive as proposed by the developer.
Mayor Pe~a said lowering the berm by two feet would certainly be a good
compromise.
Council Member Perkins stated he could not support a 21-foot height and he
would like to see a four- to five-foot decrease from the 21-foot highest point.
Council Member Henderson said she feels the approvals for the deviation were
given and the project has gone too far to require a major deviation from the
approved grading plan.
Mayor Pe~a asked the City Attorney if the City Council has the right and
authority to make changes on appeals. Ms. Jenson said the code section
covering appeals allows the Council to make changes.
Council Member Sniff recommended setting a maximum height at 18 feet.
City Council Minutes 15 August 21, 2001
Council Member Henderson said she could agree with a 19-foot maximum.
David Darrin reminded the City Council that 18~-feet is an even spread
between the 21 feet approved by the deviation and the original approval of 16
feet.
MOTION: It was moved by Council Members Sniff/Henderson to set a
maximum height for the berms along Avenue 54 at 19 feet. The motion carried
with Council Member Perkins voting NO and Council Member Adolph absent.
MINUTE ORDER 2001 - 125
2. PUBLIC HEARING TO CONSIDER AMENDMENTS TO MISCELLANEOUS
SECTIONS OF TITLE 9 (ZONING CODE) AND TITLE 13 (SUBDIVISION
REGULATIONS) OF THE LA QUINTA MUNICIPAL CODE.
Mayor Pe~a opened the Public Hearing at 9:24 p.m.
Director of Community Development Jerry Herman presented the staff report.
_
Council Member Perkins questioned Section 9.60.045 B-3, Director Herman
responded that this section has no impact on zero lot-line construction.
Council Member Henderson questioned the requirements for the size of parking
spaces. Director Herman said the spaces are increased by one foot in width
and each space is required to have double hairpin lines between.
Mayor Pe~a questioned section 9.60.030(c) dealing with walls and fences
separating residential and non-residential properties. Director of Building and
Safety Tom Hartung stated that would be covered in the building code section
of the zoning code.
Council Member Sniff expressed concern that the line-of-sight is very important
in the Cove area and questioned why the triangular fencing on corner lots has
been removed. Mr. Herman clarified the reason is that the Cove now has curbs
and gutters with the right-of-way set at 12 feet behind the curb. This allows
for adequate line-of-sight. Council Member Sniff felt the same space is ~ffected
whether there is a curb or not.
Mayor Pe~a said he agrees with the change.
Ed Kibbey, 77-570 Springfield Lane, Palm Desert, representing the Building
Industry Association introduced Marvin Roos, 777 E. Tahquitz, Palm Springs
City Council Minutes 16 August 21, 2001
who disagreed with the wording of Section 9.60.240 E. 1 (i), stating it is difficult
to understand. He also questioned the reasons for specifying a two-story house
cannot be built adjacent to an existing single-story house. He felt Section
9.65.040E is not reasonable and stated the BIA is still opposed to the three-car
garage requirement.
Council Member Perkins agreed about the requirement for three-car garages and
also felt the same is true of tandem parking garages.
Mayor Pe~a felt the three-car garage requirements should be revisited.
Mr. Roos objected to the 10-foot parking space requirement. He also
questioned the non-residential parking lots.
John Vuksic, 73030 Calliandra, Palm Desert, related a situation he has with a
three-bedroom home with an office. Because the office is considered a room
that could be used for sleeping, it therefore requires a three-car garage. He felt
the definitions should be clarified to allow for offices, dens, media rooms, etc.
and not classify them as bedrooms.
Don James, 28956 New Harmony Court, Menifee, representing Centex Homes
at PGA West related a situation they have been faced with because it has a
mini-suite off the master bedroom. Should this option be chosen, the three-
bedroom model is then required to build a three-car garage.
Director Herman in response to Mayor Pe~a said the definition of bedrooms is
contained in the Uniform Building Code.
Mayor Pe~a suggested the three-car garage requirement be eliminated.
There being no further public testimony, the public hearing was closed at 1 O: 18
p.m.
In summary of the comments, Director Herman said a diagram will be added to
Section 9.60.240E. 1 (i) for clarification. In Section 9.60.300.1.1, the words ...a
prior phase.., will be struck. The reference to homes with four or more
bedrooms requiring a three-car garage will be removed. The present nine-foot
width for parking spaces will be retained but the double four inch hairpin stripe,
twelve inches on-center will be required.
It was moved by Council Members Sniff/Henderson to take up the ordinance
and waive further reading.
City Council Minutes 17 August 21, 2001
The motion carried unanimously with Council Member Adolph absent.
MOTION: It was moved by Council Member Sniff/Henderson to read by title
and number only and introduce the ordinance as follows:
ORDINANCE NO. 361
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING AN AMENDMENT TO TITLE 9 (ZONING CODE)
AND TITLE 13 (SUBDIVISION REGULATIONS) OF THE MUNICIPAL CODE.
ZONING CODE AMENDMENT 2001-070 CITY OF LA QUINTA
The motion carried by the following vote:
AYES: 4 Henderson, Perkins, Sniff, Pe~a
NOES: 0 None
_ --
ABSENT: 1 Adolph
BUSINESS SESSION ................... continued
5. CONSIDERATION OF AUTHORIZATION FOR THE CITY MANAGER TO ENTER
INTO A COOPERATIVE AGREEMENT WITH THE COACHELLA VALLEY WATER
DISTRICT TO RE-CONSTRUCT THE L-3 IRRIGATION PUMP STATION WITHIN
THE LIMITS OF JEFFERSON STREET IMPROVEMENTS, PHASE I - AVENUE 54
TO HIGHWAY 111, PROJECT 99-05.
There were no changes to the staff report as submitted and on file in the Office
of the City Clerk.
MOTION: It was moved by Council Members Sniff/Henderson to authorize the
City Manager to enter into a cooperative agreement with the Coachella Valley
Water District (CVWD) to re-construct the L-3 irrigation pump station within the
limits of the Jefferson Street Improvements, Phase I - Avenue 54 to Highway
111, Project 99-05
Motion carried unanimously with Council Member Adolph absent. MINUTE
ORDER NO. 2001-126
City Council Minutes 18 August 21, 2001
6. CONSIDERATION OF ADOPTION OF STANDARD DRAWINGS RELATED TO
INFRASTRUCTURE IMPROVEMENTS IN THE CITY OF LA QUINTA.
City Engineer/Director of Public Works Chris Vogt presented the staff report.
He stated the standards have been corrected to reflect the City Council's
previous instructions. He also advised that T-TAS and Rancho Mirage have
adopted standards 600/601.
Council Member Henderson questioned if Engineering Bulletins would still be
necessary once the standards are approved. Mr. Vogt replied they would no
longer need to be done since they were meant to assist during the time period
when standards were not in place.
Ed Kibbey, representing the BIA, thanked staff for addressing many of the BIA's
concerns. He pointed out standard 600 calls for a grind down that adds no
additional strength to the trench. He also remarked the painting of the street
adds nothing to the strength and standard 601 is more for beautification than
trench repair.
Dan Parks, P.O. Box 1058, Coachella, thanked the staff for the changes that
have been made to the standards. He stated the removal of pavement and
damaged asphalt is reasonable but he would like the requirements, that are
costly and seem to be for aesthetic reasons only, removed. In response to
Council Member Perkins he stated the utility companies would be willing to
work with the City on these standards.
Council Member Perkins asked what the time period is that the utility companies
will guarantee repairs they make when trenching through city streets. Mr. Parks
replied the guarantee is one year.
Pat Swarthout, representing the So. California Gas Company said he would like
to meet with city staff to work out some compromises in the standards.
Mayor Pe~a questioned the trenching work that is currently being done at
Washington and Avenue 48. Director Vogt replied it is for the Arts
Foundation's sewer line.
Council Member Henderson said she supports the requests from the utility
companies to meet with city staff and she volunteered to serve on this
committee.
Council Member Perkins agreed to having a meeting with the utility companies
and suggested two Council Members participate with the staff.
City Council Minutes 1 9 August 21, 2001
Council Member Sniff questioned if the City goes ahead and adopts the
standards at this time, can amendments be made. His concern was for changes
which might be recommended after a meeting with the utility companies. City
Attorney Kathy Jenson advised the City Council has the authority to amend
standards at any time.
MOTION: It was moved by Council Members Sniff/Perkins to adopt a
resolution entitled:
RESOLUTION 2001-110
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA APPROVING STANDARD DRAWINGS RELATED TO
INFRASTRUCTURE IMPROVEMENTS CONSTRUCTED IN THE
CITY OF LA QUINTA
The motion also included the understanding that a meeting will be held with the
utility companies, city staff and Council Members Terry Henderson and Ron
Perkins will serve on the committee.
The motion carried unanimously with Council Member Adolph absent.
7. CONSIDERATION OF OFFICIAL NAME FOR VILLAGE EVENTS
Community Services Director Dodie Horvitz presented the staff report.
Council Member Sniff suggested the name "Celebrate La Quinta" with a second
line for the various themes such as "Christmas in the Village", etc.
Council Member Henderson suggested several possible names including "Village
Faire," "Village Marketplace" and "Village Festival."
Mayor Pe~a said he prefers Village Faire.
Council Member Perkins agreed but felt the City's name should be included.
MOTION: It was moved by Council Members Perkins/Henderson to approve the
name La Quinta Village Faire.
-- The motion carried with Council Member Sniff voting NO and Council Member
Adolph absent. MINUTE ORDER NO. 2001-127
City Council Minutes 20 August 21, 2001
8. CONSIDERATION OF POINT HAPPY ART FEATURE
Director of Community Services Dodie Horvitz presented the staff report.
Valerie Miller, the artist's representative, presented the proposed sculpture. She
stated the location has been moved to a more visible location toward the center
of the development and the round fountain at the base has been redesigned to
include a series of stepped-down basins that water will flow into from the
sculpture. Ms. Miller also said because Native American artifacts had been
found during construction on the site, a brass memorial plaque will be included
at the opposite end of the landscaped sculpture island.
Council Member Sniff stated he did not care for the historical monument, he
felt too many of this type of monument in a City can create a "funeral" effect.
Mayor Pe~a expressed some concern with the traffic circulation around the
proposed island.
Council Member Henderson felt the City Council could, in the interest of time,
proceed with an approval that would be contingent upon a careful investigation
of the traffic patterns and safety concerns by city staff.
MOTION: It was moved by Council Members Perkins/Henderson to approve the
art feature subject to final approval by staff of the circulation element and to
authorize the expenditure of Art in Public Places funds in the amount of
$94,950 for the Point Happy Art Feature.
The motion carried with Council Member Sniff voting NO and Council Member
Adolph absent.
9. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 11.44, SECTION
11.44.060 OF THE LA QUINTA MUNICIPAL CODE (PARKS AND RECREATION
AREAS) RELATIVE TO THE USE OF BARBEQUES AT PUBLIC FACILITIES
The staff report was presented by Community Services Director Dodie Horvitz.
Ms. Horvitz said a redline version of the proposed changes to the current
section of the municipal code had been provided for the Council's convenience.
MOTION: It was moved by Council Members Sniff/Henderson to take up
Ordinance 360 by title and number only and waive further reading.
The motion carried unanimously with Council Member Adolph absent.
City Council Minutes 21 August 21, 2001
It was moved by Council Members Sniff/Henderson to introduce the ordinance
as follows:
ORDINANCE NO, 360
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA
QUINTA, CALIFORNIA AMENDING CHAPTER 11.44, SECTION
11.44.060 OF THE LA QUINTA MUNICIPAL CODE (PARKS AND
RECREATION AREAS) RELATIVE TO THE USE OF BARBEQUES
AT PUBLIC FACILITIES. -;
The motion carried by the following vote:
AYES: 4 Henderson, Perkins, Sniff, Pe~a
NOES: 0 None
ABSENT: 1 Adolph
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
CVAG Committee Reports - Mayor PeRa reported a possible special meeting of the
CVAG Energy and Environmental may be called.
DEPARTMENT REPORTS
3-B VACANCY ON ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE.
After a brief discussion, Council directed staff to advertise the vacancy on the
Architectural and Landscaping Review Committee and to invite the candidates,
who submitted applications for the committee in June, 2001, to participate as
well.
City Council Minutes 22 August 21, 2001
6-B 20th ANNIVERSARY CELEBRATION COMMITTEE REPORT
Council Member Sniff felt the committee's plan is too ambitious and questioned
the times scheduled for the fishing derby.
Council Member Perkins assured him the time period from 10:00 p.m. to 10:00
a.m. is the time usually designated for this kind of fishing derby. Council
Member Sniff replied he has caught a lot of fish in his time and never went
fishing at that time.
Director of Community Services Dodie Horvitz reported that the activities listed
in the Department Report were tentative and would probably change as the full
committee is appointed and begins to meet.
6-C LETTER RECEIVED REQUESTING ACKNOWLEDGMENT FOR A CITIZEN OF LA
QUINTA
The City Council directed staff to respond to Mrs. Wolff's request informing
her the City Council is considering her request and will keep her advised when
the most appropriate form of acknowledgment is decided.
MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION REGARDING PROPOSED ASSEMBLY DISTRICT REDISTRICTING
PLAN - MAYOR PE~A.
Mayor Pe~a outlined his concerns with regard to the proposed redistricting plan
for the State Assembly District.
The Council concurred to direct staff to prepare a letter for the Mayor's
signature outlining the City's position.
Council Member Sniff asked staff to monitor the roundabout at Avenue 52 and
Jefferson to measure its safety and effectiveness.
Council Member Perkins requested staff look into setting up a meeting with the
various supermarkets in the area to consider emergency refrigeration in the
event of power outages.
Council recessed to the Redevelopment Agency and Finance Authority meetings.
City Council Minutes 23 August 21, 2001
Council reconvened and recessed to Closed Session as delineated on Page 1.
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).
ADJOURNMENT
There being no further business the meeting was adjourned to the next regularly
scheduled meeting on September 18, 2001, in the City Council Chambers, 78-495
Calle Tampico, La Quinta, CA 92253.
Respectfully submitted,
JUNE S. GREEK, City Clerk
City of La Quinta, California