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2001 08 07 CC Minutes LA QUINT A CITY COUNCIL MINUTES AUGUST 7, 2001 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Peña. PRESENT: Council Members Adolph, Henderson, Perkins (arrived at 2:30 p.m.) Sniff, Mayor Peña ABSENT: None MOTION - It was moved by Council Members Sniff/Adolph to excuse Council Member Perkins. Motion carried unanimously. PUBLIC COMMENT - None CLOSED SESSION 1. Conference with labor negotiators, Ski Harrison, Mark Weiss, and John Ruiz regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6, Meet and Confer Process. 2. Conference with labor negotiators, Ski Harrison, Mark Weiss, and John Ruiz regarding negotiations with the La Guinta Management Employees pursuant to Government Code Section 54957.6, Meet and Confer Process. 3. 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. 010827. 4. Conference with Agency's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property generally located on the northwest corner of Adams Street and Miles Avenue. Property Owner/Negotiator: Family Heritage Church of the Valley, Inc. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Peña led the audience in the Pledge of Allegiance. City' Council Minutes 2 August 7, 2001 PUBLIC COMMENT Karl Holt, 80-106 Palm Circle Drive, spoke regarding modifications to the golf course configuration next to his property where golf tees have been placed within 20 feet of three townhouses and have created danger. He also voiced concern about the City not having standards for such modifications. Mayor Peña advised the matter would be refE;!rred to staff with direction to bring the issue back to Council if needed. * * * * * * * * * * * * Joseph Broido, 77-510 Calle Nogales, spoke regarding timely posting of agendas on the City's web page and presented a list of items regarding the General Plan revision process which he requested be provided to him as soon as possible. * * * * * * * * * * * * Bette Cheney, 54-255 Avenida Carranza, read a poem she wrote encouraging the establishment of a "memorial cactus garden" at the Senior Center to commemorate deceased seniors. * * * * * * * * * * * * Beverly Brazil, 44-400 Buttercup, spoke regarding slow response time by the Sheriff's Department at a recent incident in her neighborhood and urged Council to provide more police officers. Council Member Adolph advised Ms. Brazil that Mayor and Council Members' Item No.1 is regarding this matter. CONFIRMATION OF AGENDA City Manager Genovese noted for the record that Public Hearing Item No.3 should be a resolution action. ANNOUNCEMENTS Council ,Member Henderson announced and congratulated City Clerk June Greek for achieving first level membership in the IIMC Master Municipal Clerk Academy. Ii I City Council Minutes 3 August 7, 2001 PRESENTATIONS - None WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of July 17, 2001, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 7,2001. 2. ACCEPTANCE OF A FISCAL YEAR 2001 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) AWARD IN THE AMOUNT OF $26,704 FROM THE BUREAU OF JUSTICE ASSISTANCE. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE COUNCIL MEMBER AND PERSONNEL/RISK MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL RISK MANAGEMENT CONFERENCE TO BE HELD OCTOBER 10-12,2001, IN SAN FRANCISCO, CALIFORNIA. 4. ACCEPTANCE OF STREET RIGHT-OF-WAY DEDICATION - NORTHWEST CORNER OF DUNE PALMS ROAD AND WESTWARD HO DRIVE. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF AN AMENDED FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 29348-2, TOLL BROTHERS, INC., TOLL CA II L.P. (RESOLUTION NO. 2001-99) 6. APPROVAL OF SUBMISSION OF THE EISENHOWER BRIDGE OVER THE LA QUINTA EVACUATION CHANNEL AS A CANDIDATE PROJECT FOR FISCAL YEAR 2002 S.T.I.P. DISCRETIONARY FUNDS. 7 · AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING MANAGER AND PRINCIPAL PLANNER TO ATTEND THE APA 2001 ANNUAL CONFERENCE TO BE HELD OCTOBER 20-22, 2001, IN SACRAMENTO, CALIFORNIA. City Council Minutes 4 August 7, 2001 8. APPROVAL OF MEMORANDUM OF UNDERSTANDING WITH THE CAMPESINOS UNIDOS, INC. FOR THE RESIDENTIAL ENERGY ASSISTANCE RATE PROGRAM. MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended with Item No. 5 being approved by RESOLUTION NO. 2001-99. Council Member Henderson spoke regarding Item No. 6 and suggested decorative railing be considered for the bridge on Eisenhower Drive, as well as the existing bridge on Washington Street north of Highway 111 · Council concurred to direct staff to look into the possibility. Motion carried unanimously. MINUTE ORDER NO. 2001-110. BUSINESS SESSION 1. CONSIDERATION OF COMMUNITY SERVICE GRANT REQUESTS. Community Services Director Horvitz presented the staff report. Riverside County Sheriff's Department Pistol Team: Council Member Adolph voiced support for the organization but expressed concern about approving grant requests for organizations not based in La Quinta given the recent reduction in the Special Projects Contingency Fund. After a brief discussion, Council concurred to approve a grant in the amount of $1,500. Barbara Sinatra Children's Center: Council Member Adolph stated he would support an amount of only $1 ,000 since the organization is not based in La Quinta. Council Member Sniff supported the requested amount of $2,000. Council Member Henderson commented on the large size of the organization and stated she felt the intent of the Community Services Grant Program is to I: I City Council Minutes 5 August 7, 2001 support local and smaller organizations. She couldn't support the grant request due to the organization's ability to raise funds elsewhere. Council Member Perkins and Mayor Peña agreed. Mayor Peña added he felt there may be a need to consider criteria for grant requests in relation to large organizations and maybe get back to La Ouinta-based organizations. Meals on Wheels: Council Members Perkins and Henderson supported an amount of $1,500. Council Members Sniff, Adolph and Mayor Peña supported the requested amount of $2,300. La Ouinta Arts Association: Elaine Reynolds, 49-294 Vista Bonita, President of La Quinta Arts Association, asked Council to approve the grant request. Council Member Henderson supported underwriting the costs for using the Senior Center and possibly the Desert Sands Unified School District meeting room. Council Members Adolph, Perkins, and Sniff supported the requested amount of $4,000. Council Member Henderson noted Council has approved grants for the organization in the past and has encouraged it to be independent of the grant process. She felt the grant application supports the artists as opposed to the arts. Mayor Peña stated he would support $1 ,500 to $2,000 for rental fees, etc. but felt it's not appropriate for the City to underwrite the artists. Ms. Reynolds stated the organization supports the Boys & Girls Club and tries to expose the youth to the fine arts. The consensus of the Council was to support a grant in the amount of $4,000. Lions Club of La Quinta: City Council Minutes 6 August 7, 2001 Council Member Adolph stated he has mixed emotions on the request and noted the Rotary Club doesn't ask the City for money. Council Member Perkins stated he felt they should raise their own funds and he could not support the request. Council Member Henderson noted the organization is trying to make a comeback and stated she would support up to $750 to help underwrite the costs of their November event. After a brief discussion, Council concurred on a grant amount of $1 ,000. Tools For Tomorrow: Council Member Perkins stated he could not support the grant request because he felt the organization should seek funding through the School District. Council concurred. McCallum Theater: Council Members Adolph and Sniff supported the request. Council Member Henderson stated she understood the organization's initial request was a one-time request. She also understood the School District is underwriting the program and stated she could not support the grant request unless she hears something different. Council Member Perkins and Mayor Peña agreed. Council Member Sniff suggested approving a grant in the amount of $1 ,500 if they can provide matching funds. Council concurred. Soroptimist International: Beverly Montgomery, 78-483 Calle Huerta, of Soroptimist, asked Council to support the grant request. Council concurred to approve a grant in the amount of $4,070. City Council Minutes 7 August 7, 2001 MOTION - It was moved by Council Members Sniff/Henderson to approve the following Community Services Grant request amounts from the Special Projects Contingency Fund: Riverside County Sheriff's Department Pistol Team $1,500; Meals on Wheels $2,300; La Quinta Arts Association $4,000; Lions Club $1 ,000; McCallum Theater $1 ,500 in matching funds only; and Soroptimist International $4,070. Motion carried unanimously. MINUTE ORDER NO. 2001-111. 2. CONSIDERATION OF APPROVAL OF MONTERO ESTATES SOUND WALL DESIGN CONCEPT. Public Works Director Vogt presented the staff report. Council Member Adolph expressed concern that the Montero Estates sound wall not look like the wall across Washington Street and suggested using pilasters or stucco. Council Member Sniff asked about the block material to be used on the sound wall and expressed concern about erosion of the berm. He also asked about the aesthetics of the inside of the wall and suggested the wall extensions beyond the two entrances also be replaced with a sound wall. In response to Council Member Sniff, Mr. Vogt stated the block material will be the same type used across the street and that plant material will be placed on the two-foot sloped berm to prevent erosion. He confirmed the pilasters could be extended to enhance the aesthetics on the inside of the wall. He also noted the homeowners have requested enhancements to the sound wall at the northwest corner of Avenue 50 and Washington Street to be consistent with the Duna La Quinta wall across the street. Council Member Sniff supported doing pilasters on the inside of the wall. Mayor Peña agreed with the homeowners' request for enhancement of the wall at the corner. Council Member Henderson expressed a desire to see the project expedited. Jacques Abels, 49-990 Avenida Montero, expressed a need for consistency and urged Council to continue the sound wall beyond the two entrances on Washington Street and Avenue 50. City Council Minutes 8 August 7, 2001 Tom Rolapp, 78-468 Calle Orense, stated he didn't feel the rubberized asphalt has helped the noise level and questioned the plan for an 8-foot-high wall (6 feet on a 2-foot-high berm) when the sound study suggested 1 0 feet. He also asked that an a-foot-high chainlink fence be installed during construction instead of 6 feet and asked when the 2-foot addition would be addressed if needed. Michael Smith, 78-462 Calle Orense, voiced concern that adding an additional two feet to the sound wall at a later date would require another sound study and urged Council to approve a 10-foot-high sound wall (8 feet on a 2-foot- high berm) now. Ed Kibbey, 77-570 Springfield Lane, Palm Desert, of BIA-Desert Chapter, commented on the use of Development Impact Fee monies and Questioned the funds being used for landscaping. Dave Forcucci, 78-435 Calle Felipe, commented on the need to replace landscaping destroyed during construction and noted drought planting and a drip system will reduce erosion. In response to Loretta Duffy, 78-471 Calle Orense, Mr. Vogt advised a stone color has not been selected. Council Member Sniff spoke in support of going ahead with a 10-foot-high wall (a feet on a 2-foot-high berm). Mr. Vogt explained the height of the wall depends on the noise threshold. According to the sound study, a 6-foot-high wall on a 2-foot-high berm is sufficient at 65 dBA and a 10-foot-high wall on a 2-foot-high berm is needed at 60 dBA. In response to Mayor Peña, Mr. Vogt advised build-out is expected between 2020 and 2030. Council Member Adolph stated he felt it would be more cost effective and provide better security to add the additional two feet now. In response to Council Member Henderson, Mr. Vogt advised the City's current noise level standard is 60 dBA, which is low in comparison to other cities, and there's some consideration to increase it to 65 dBA. City Council Minutes 9 August 7, 2001 Council Member Henderson suggested getting a bid on both an 8-foot-high wall (6 feet on a 2-foot-high berm) and a 10-foot-high wall (8 feet on a 2-foot-high berm) . Council Member Perkins questioned homeowners being pleased with a 10-foot- high wall in their backyards and asked who would be responsible for maintaining the property, to which Mr. Vogt responded the homeowners association. Mayor Peña supported moving forward with a 6-foot-highwall on a 2-foot-high berm and stated he didn't have a problem getting a bid on both wall heights. Council Member Sniff spoke in support of the homeowners' request for enhancements at the corner and supported extending the sound wall past the two entrances. Mayor Peña concurred. MOTION - It was moved by Council Members Sniff/Adolph to approve the "berming and sound wall" concept for the Montero Estates Sound Wall, approve Contract Change Order No. 1 in the amount of $8,390 to a Professional Services Agreement with Harris & Associates to prepare the Plans, Specifications, and Engineer's Estimates (PS&E) to landscape and add pilasters to the Sagebrush Sound Wall, and to direct staff to secure bids for both 6-foot and 8-foot high walls, and include an enhancement to the wall at the corner of Washington Street and Avenue 50 and include the wall extensions beyond the two entrances. Motion carried unanimously. MINUTE ORDER NO. 2001-112. Council concurred to take up Mayor and Council Members' Item No. 1 at this time. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF SHERIFF'S DEPARTMENT DISPATCH PROCEDURES. Council Member Adolph stated after he received a call from Beverly Brazil regarding the slow response time by the Sheriff's Department at her residence, he spoke to Captain Singerton and received a copy of the dispatcher's report, which included some discrepancies. He felt additional officers should be added if needed to provide security for the community. Mayor Peña noted the situation may have been a matter of priorities. City Council Minutes 10 August 7, 2001 Council Member Sniff voiced concern about inadequate communication being provided by the dispatcher. Sergeant Ammons, of Riverside County Sheriff's Department, advised the dispatch issue is being reviewed by personnel but noted there's sometimes a lack of understanding as to how dispatch calls are prioritized. In response to Council Member Adolph, Dispatch Officer Sherman confirmed officers are available by radio at all times. In response to Council Member Sniff, Sergeant Ammons stated patrol officers do not transport medical-need patients to hospitals but there could be times when it's necessary to take a prisoner to the hospital prior to booking. Council Member Henderson noted the City has recently approved the addition of two patrol officers and will be considering the addition of an additional motor officer at mid-year budget review. Beverly Brazil stated she didn't have a problem with the dispatcher. Her concern was that it took an hour for an officer to respond to her disturbance of the peace complaint because there were only two officers on duty and both were busy with other calls at the time. She also asked Council to investigate the lack of consistency in procedures, noting she was told the officer's written report would be available in 24 hours, which was later changed to 5 days then 1 0 days. Mayor Peña expressed confidence that the Sheriff's Department has looked into the situation and has resolved it and noted patrol officers are added per the recommendation of the Sheriff's Department. Officer Sherman invited the Council to visit the Dispatch Center. BUSINESS SESSION . . . . . . . . . . . . . continued 3. CONSIDERATION OF INSTALLATION OF ADDITIONAL LIGHTING AT THE LA QUINT A SPORTS COMPLEX. There were no changes to the staff report as submitted and on file in the City Clerk's Office. City Council Minutes 1 1 August 7, 2001 MOTION - It was moved by Council Members Perkins/Sniff to authorize an expenditure of $8,780 from the Quimby Account to install additional lighting fixtures at the La Quinta Sports Complex. In response to Council Member Henderson, Community Services Director Horvitz stated the Musco Lighting representative has indicated the lighting at the high school is aimed poorly and that they will contact the high school regarding needed adjustments. Motion carried unanimously. MINUTE ORDER NO. 2001-113. 4. CONSIDERATION OF TEAM SPONSORSHIP FOR (AMERICAN CANCER) RELAY FOR LIFE EVENT ON NOVEMBER 3-4, 2001. Community Services Director Horvitz presented the staff report. Council Member Henderson supported allocating funds to underwrite a team. Council Member Sniff suggested an amount not to exceed $500. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to authorize an allocati'on of up to $ 500 for City sponsorship of a team in the Relay for Life event to be held November 3-4, 2001, in Palm Desert. Motion carried unanimously. MINUTE ORDER NO. 2001-114. Ms. Horvitz advised she would contact City Commissioners to find out who is interested in participating on the City's team. 5. CONSIDERATION OF PARK NAME FOR THE 18-ACRE SITE AT WESTWARD HO AND ADAMS STREET. Community Services Director Horvitz presented the staff report. Kay Ladner, of Coachella Valley Recreation & Park District, explained the District didn't feel there's a need to change the name of Frances Hack La Quinta Community Park and that naming the new park La Quinta Community Park North would be appropriate. City Council Minutes 12 August 7, 2001 Council Member Sniff spoke in opposition to using "North" in the park name and suggested La Quinta Sports Park. Mayor Peña noted that name may get confused with the La Quinta Sports Complex. Council Member Perkins suggested La Quinta Park and Council Member Sniff suggested adding "The" La Quinta Park. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to authorize "The La Quinta Park" as the official name for the 18-acre park site on the northeast corner of Adams Street and Westward Ho Drive. Motion carried unanimously. MINUTE ORDER NO. 2001-115. 6. CONSIDERATION OF THE CIVIC CENTER CAMPUS ACKNOWLEDGMENT AREA CRITERIA. Community Services Director Horvitz presented the staff report. Robert Tyler, 44-21 5 Villeta Drive, spoke on behalf of the Local Veterans of Foreign Wars and offered their assistance in developing criteria for the acknowledgment areas. Council Member Sniff supported criteria of minimum residency of one year with honorable discharge and proof of service. Council Member Henderson agreed. Council Member Perkins stated he felt one year residency is too short a time period and noted the City of Indian Wells requires three years. Council Member Adolph stated he preferred having one memorial to represent everyone who served and suggested a "Mitchell Paige Memorial." Mayor Peña stated he felt it would be appropriate to include a bust of Mitchell Paige, along with other Congressional Medal of Honor recipients that may live in La Quinta. Council Member Perkins agreed with recognizing one veteran in memory of all. Ii I City Council Minutes 13 August 7, 2001 Council Member Henderson suggested appointing a subcommittee to work on the criteria. Council Member Sniff suggested an annual or semi-annual review to add new names if needed. As for the sports and celebrities acknowledgment areas, he suggested criteria of national recognition and a minimum residency of one year. Mayor Peña supported the idea of a subcommittee consisting of Council Members and one of the City Commissions. Council Member Adolph questioned how "celebrities" would be defined. Council Member Sniff asked which City commission would be appropriate to work on the subcommittee, to which Ms. Horvitz responded the Community Services Commission. Council Member Henderson stated she felt the document distributed by Council Member Perkins last year entitled "Pillars of the Community" would be helpful. Council Member Henderson stated she felt the subcommittee should be limited to Council Members and she volunteered to serve on the subcommittee. Council Member Sniff stated he felt names of veterans to be included on the memorial should be approved by Council. MOTION - It was moved by Council Members Sniff/Adolph to appoint Council Members Henderson and Perkins to serve on a subcommittee to develop criteria for the Civic Center Campus Acknowledgment Areas and to bring a recommendation back to Council. Motion carried unanimously. MINUTE ORDER NO. 2001-116. 7. CONSIDERATION OF ADOPTION OF STANDARD DRAWINGS RELATED TO INFRASTRUCTURE IMPROVEMENTS IN THE CITY OF LA QUINTA. Public Works Director Vogt presented the staff report. Council Member Adolph asked for clarification and commented on several pages in the document. He noted the equestrian trail easement drawing on Page 45 does not show rail fencing and Mr. Vogt advised staff would revise the drawing to include rail fencing. City Council Minutes 14 August 7, 2001 Council Member Henderson suggested including a second drawing without a sidewalk. Ed Kibbey, 77-570 Springfield Lane, Palm Desert, of BIA-Desert Chapter, suggested Standard Nos. 600 and 601 be removed from the package because they are not standard in the industry. He noted it's not the utility companies' responsibility to resurface City streets. He didn't feel the T-Trench is a proven requirement and asked Council to direct staff to meet with the utility companies to 'work out an agreement on reasonable standards. Council Member Adolph noted without compaction the asphalt drops and it's difficult to get the utility companies to come back out and properly repair the pavement surface. Mr. Kibbey stated he felt proper inspections during the process would take care of that problem. Dan Parks, P.O. Box 1058, Coachella, Director of Engineering for Coachella Valley Water District, encouraged careful review of the proposed standards which he felt contained errors. He felt the City should allow public input on the standards before implementing them and encouraged City staff to contact him if CVWD improperly repairs a pavement cut. Patrick Swarthout, of The Gas Company, noted The Gas Company, who has a franchise agreement with the City, guarantees their street repairs but not for aesthetic purposes. He also encouraged the City to get input from the utility companies before implementing the standards. Mr. Vogt explained the need for T-trenching and reviewed the process CVAG's TT AS Committee went through to try to produce valley-wide standards. Council Member Sniff suggested continuing this matter to August 21, 2001. Council Member Henderson stated she didn't have a problem adopting the standards and modifying them later if needed. She pointed out the cost for repairing the streets correctly is done either through taxes or utility bills. MOTION - It was moved by Council Members Sniff/Adolph to continue consideration of adoption of standard drawings related to infrastructure improvements to August 21, 2001. III City Council Minutes 15 August 7, 2001 Mayor Peña voiced the possible need for further review of the technical drawings by engineering personnel given the errors that have been found. Mr. Kibbey stated he didn't feel there would be an incentive for staff to work with the BIA on this issue if the standards are adopted as presented. He questioned the adoption of drawings without the Engineer's Bulletin standards that go with them. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO. 2001-117. Council Member Sniff referenced correspondence received from the City of Indio and asked if it should be added to the agenda for closed session. City Attorney Jenson stated she would review and advise Council to add it to the closed session if needed at the 7:00 p.m. meeting. DEPARTMENT REPORTS 6-A. FRANCES HACK LA QUINTA COMMUNITY PARK IMPROVEMENTS. Don Martin, Rudy Acosta, and Kay Ladner, of Coachella Valley Recreation and Park District reviewed elevation plans for proposed improvements to the Frances Hack Park. Council Member Sniff suggested tile murals be placed on the back side of the building to break up the wall. The members of the City Council unanimously agreed they were very impressed with the plans as presented. Council recessed to and until 7:00 p.m. 7:00 P.M. City Council Minutes 16 PUBLIC COMMENT August 7, 2001 Fred Wolff, 77-227 Calle Ensenada, spoke in opposition to the lack of response from the City Council members to public comments made during the meetings. PRESENTATIONS The Mayor and Council Members presented art awards to the following students of La Quinta YMCA Childcare whose artwork has been displayed at City Hall: Akila Adams Malik Blankenship Makenzy Borowski Juan Carols Deleon Landon Duarte Karina Guerrero Christina Hane Brittney Hatfield Tabatha Henderson Kimberly Licea Emily Loe Adam Luna Guiseppe Marrero Anthony Martinez Emiliano Martinez Francisco Mascorro Joseph Mexia Zachery Murillo Anthony Noriega Ashton Raymie Owens Robert Owens Alexus Pavia PUBLIC HEARINGS Cassandra Peters Austin Rohland Adrian Rubalcava Chandler Smith Dazy Smith Kadeashia Smith Lakeishia Smith Ouashana Smith Caylee Stanley Daylen Velasques Ah'Vay Watson 1. CONTINUED PUBLIC HEARING TO CERTIFY A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418, AND A REQUEST FOR APPROVAL TO CHANGE THE ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL AND THE GENERAL PLAN TO LOW DENSITY RESIDENTIAL FOR APPROXIMATELY 240 ACRES WITHIN THE SPHERE OF INFLUENCE OF THE CITY OF LA GUINTA FOR SUBSEQUENT ANNEXATION BOUNDED ON THE NORTH BY AVENUE 52, ON THE EAST BY MONROE STREET, ON THE SOUTH BY AVENUE 53, AND EAST OF THE EXISTING CITY LIMIT LINES. APPLICANT: NRI, LA QUINTA LIMITED PARTNERSHIP. Mayor Peña noted the applicant has requested a continuance to September 18, 2001 . MOTION - It was moved by Council Members Henderson/Sniff to continue the public hearing for the applications by NRI, La Ouinta Limited Partnership to September 18, 2001. Motion carried unanimously. MINUTE ORDER NO. 2001-118. III City Council Minutes 17 August 7, 2001 2. 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 Attorney Jenson advised both the attorneys representing the homeowners association and one of the respondent's have requested a continuance to August 21, 2001, to allow the parties involved an opportunity to resolve the issue. David Darren, 801 E. Tahquitz, Palm Springs, attorney with Schlecht, Shevlin, & Shoenberger representing PGA West Residential Association, confirmed the homeowners association is requesting a two-week continuance to try to resolve the issue. MOTION - It was moved by Council Members Sniff/Perkins to continue the public hearing on the appeals of the Planning Commission decision regarding the Country Club of the Desert berm on Avenue 54. David Roberdes, 54-015 Southern Hills, stated three of the appellants do not support a continuance and questioned Country Club of the Desert's willingness to work something out. Mervyn Kirshner, 54-063 Southern Hills, told Council he made a special trip to the valley to attend the pu blic hearing and preferred it not be continued. David Glen, 54-007 Southern Hills, stated he also made a special trip to attend the meeting and urged Council not to continue it. Council Member Adolph stated he has mixed emotions about a continuance bec"ause he requested Country Club of the Desert to meet with the homeowners over a month ago to try to resolve this issue. Henry Casden, 74-770 Highway 111, Indian Wells, attorney with Anderholt, Bonnheim, & Casden representing Country Club of the Desert, stated he felt a continuance is needed for the homeowners association's attorney to be familiarized with the plans approved by the City. City Council Minutes 18 August 7, 2001 Mr. Darren stated he felt there may be some flexibility in this issue wherein the homeowners association, as a whole, can be accommodated. He wished to have an opportunity to make a proper presentation to the homeowners association Board of Directors before the issue is considered by Council. In response to Council Member Adolph, Mr. Casden advised the project is still in the construction phase and will meet the City's standard when completed. Council concurred to support a two-week continuance to try to resolve the matter. In response to Council Member Adolph, Community Development Director Herman advised the City standards for slopes is 5-1 in the right-of-way and 3-1 back of the right-of-way. Motion carried unanimously. MINUTE ORDER NO. 2001-119. 3. PUBLIC HEARING TO CONSIDER APPROVAL OF AN ADDENDUM TO A PREVIOUSLY-CERTIFIED MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2000-406) FOR PREVIOUSLY-APPROVED SPECIFIC PLAN 2000-050, PREVIOUSLY-APPROVED VILLAGE USE PERMIT 2000-005, PREVIOUSLY-APPROVED VILLAGE USE PERMIT 2000-005, AND PREVIOUSLY-APPROVED TENTATIVE PARCEL MAP 28909; AND TO CONSIDER APPROVAL OF A MODIFICATION TO VILLAGE USE PERMIT 2000-005. APPLICANT: SANTA ROSA PLAZA, LLC. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. Council Member Adolph questioned a statement on Page 9 of the staff report regarding the modification being consistent with the Zoning Code. City Attorney Jenson advised the Specific Plan basically amends the Zoning Code for purposes of this project. She referenced a similar approval for the La Quinta Arts Foundation wherein the zoning was modified through the use of a specific plan for a specific project which later was upheld in court. Mr. Herman reviewed the site plan, elevations, and line-of-sight views. City Council Minutes 19 August 7, 2001 Daniel Brown, representing Santa Rosa Plaza, stated he was available to answer questions. Council Member Henderson questioned the use of green roofing tile on the casitas in the line-of-sight views and Mr. Brown advised the purpose was to show where the hotel will be placed in relation to the line-of-sight. In response to Council Member Sniff, Mr. Brown stated the hotel project will include a convention center, spa, restaurant, and other amenities. He also confirmed that Santa Rosa Plaza has complied with all aspects of the settlement agreement. Kim Bird, 52-360 Avenida Madero, questioned the applicant's compliance to Section II, 2.2 of the settlement agreement which she understood allows no portion of the ridge line of the main hotel, which has been limited by the resolution to a width of 180 feet, to exceed 48 feet in height. She noted with the additional room at the northwest corner, the main building exceeds 180 feet in width. She asked Council to continue this item until she can counsel with her attorney who is currently on vacation. Stewart Woodward, 79-791 Olympia Fields, expressed opposition to a hotel being located next to an elementary school and questioned there being a pedestrian system to link the project to the village area. He commented on the lack of a master plan for the village and stated he felt the modifications have created a "Wall of China" in four-story units along the west boundary and have made a major change in the site plan and visual aspects of the project. He believed the City is violating its own Zoning Ordinance and suggested the project be continued until the issues of visual impacts and mitigated measures are addressed and included in the EIR. To do otherwise he felt would be a vote of arrogance. Kay Wolff, 77-227 Calle Ensenada, referenced two and three-story Embassy Suite hotels in other cities and suggested one of them be built in La Quinta instead of a four-story hotel. She questioned the City having to accept what the applicant is proposing and stated she felt the City should set its own standards of aesthetics and community atmosphere. She wished to preserve the unique charm of the village and didn't feel a four-story hotel is a necessary for growth of the village. She urged Council to deny the project. Wayne Nystrom, 78-094 Calle Norte, spoke regarding the hotel's impact on the properties immediately to the northeast and suggested limiting the hotel to the same height restriction as the adjacent KSL project. He urged Council not to City Council Minutes 20 August 7, 2001 lower the City's standards to attract new development and to wait for a hotel proposal with a decent height. Richard Foxx, 78-365 Highway 111 Suite 338, questioned the value of the line-of-sight study and stated he felt the hotel will destroy the village atmosphere and set a precedent for future projects. Seth Hoffman, 52-862 Eisenhower Drive, stated he moved to the City based on what he understood was the City's vision and standards, including a 35- foot height limit on buildings. He was concerned about the project destroying the special qualities of the village and urged Council to stand by its Zoning Ordinance. He also understood the project was supposed to go back to the Planning Commission and asked the status of that action. Joan Beavers, 53-480 Avenida Juarez, voiced opposition to the project and asked Council to reconsider allowing such a project in the village. Bill Beavers, 53-480 Avenida Juarez, voiced concern that the City is lowering its standards and suggested the developer consider placing one of the four hotel floors underground. He also voiced concern about the traffic impacts of the project. Peggy Reyes, 47-950 Dune Palms Road, Director of Facility Services for Desert Sands Unified School District, ,stated she spoke to the City Engineer and was able to come to satisfactory conclusion on peak traffic hours for the school and the hotel. She commented on the lack of employee parking at Desert Springs Marriott and wished to make sure sufficient on-site parking is provided for the employees of this project to alleviate parking on Desert Club Drive. She also asked if alcoholic beverages would be sold at the hotel and, if so, what the distance would be from the school. Donna Reed Martin, 49-320 Avenida Fernando, stated she was in favor of the hotel but felt approval of the height is not fair to the community and urged Council to uphold the Zoning Ordinance. Joseph Broido, 77-510 Calle Nogales, stated he was told the City Attorney received an advisory opinion from the applicant's attorney when she ruled against the referendum and he felt that was inappropriate. He also understood the project was supposed to go back to the Planning Commission and questioned why it didn It. He felt the project is against the spirit and substance of the General Plan and in violation of six policies and statements in the City Council Minutes 21 August 7, 2001 General Plan. He also questioned the City needing the revenue from this project. Kathryn Carlson, 77-895 Avenida Montezuma, spoke in opposition to the project because she didn't feel the hotel fits the village's uniqueness. Arron Healy, 54-455 Eisenhower Drive, stated he wasn't for or against the project but wished to know if the City plans to allocate funds for a fire truck to extend to four stories. Betty Harris, 80-622 Hermitage, spoke in support of the project and stated she felt the hotel would bring new life to the village. Greg Olson questioned the hotel enhancing the City's vision for the Cove. Douglas Martin, 49-320 Avenida Fernando, commented on growth and change in the community and the need for hotel/conference room competition. Joyce Sivley, 79-775 Westward Ho Drive, representing the Westward Ho Homeowners Association, commented on the City's need for additional tax revenues and the citizens' cries for no more assessments. She urged Council to approve the hotel to provide more revenue for the City. Marshall Harris, 80-622 Hermitage, noted the hotel will not be as high as the date trees that previously existed on the property and stated he felt the hotel will help growth in the village. Randy Bills, 47-750 Adams Street, expressed appreciation for the direction the City is going and urged support of the hotel. William Hembree, 79-175 Canterra Circle, urged Council to support the project because he felt the City needs an additional hotel. Barbara Irwin, 44-065 Camino La Cresta, spoke in support of the project and stated she felt it will help development of the village. Brian Ward, 78-488 Calle Seama, stated he felt growth is inevitable and that the hotel project represents quality growth. He also commented" on the difficulty of attracting businesses to the village and urged Council to support the project. Wally Reynolds, 79-860 Fiesta Drive, spoke in support of the, project. City Council Minutes 22 August 7, 2001 Jim Cathcart, 44-345 Villeta Drive, stated he supports this project, which is across the street from his business, and feels it's time for a new vision in the village. He urged Council to approve the project. Cory Marble, 79-820 Fiesta Drive, asked if the applicant intends to build the hotel even though the economy is slowing down. He also questioned the School District's concern about on-street parking at Desert Springs Marriott since th,ere is no school adjacent to the site and noted the Circle K is across the street from the school and sells liquor. Laurie Savage, 79-815 Pecan Valley, stated she felt many of the residents lack all of the information about the project and that a lot of PGA West residents regret signing the petition against the hotel because they didn't know all the facts. Mark Moran, 79-925 Westward Ho Drive, commented on the Council's responsibility to represent the people and the need for citizens to respect their decisions, whether they agree or not. Ms. Reyes clarified that the School District is not opposed to the project and that they expect their concerns to be mitigated successfully. Richard Zeilenga, 2801 Townsgate Road, Suite 215, Westlake Village, attorney with Stowell, Zeilenga, & Ruth representing Santa Rosa Plaza, advised the redesigned project complies with the settlement agreement. In reference to Ms. Bird's comment that the settlement agreement has been violated, he disagreed and noted Section II relates to "hotel height limitation," not width. In addition, Section I of the agreement states the purpose of the settlement agreement is to limit the maximum "height" of the hotel. He noted the reference in the agreement to the prior resolution referring to a 180-foot width is erroneous and does not exist. He further noted the people involved with the settlement agreement reviewed the proposed plan prior to signing the agreement. He stated Ms. Bird's attorney has issued a letter stating their concerns have been addressed in the City Attorney's letter which stated the City would condition the project to meet the settlement agreement. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph spoke regarding the need for a master plan for the village. He noted he voted against the hotel project in February and recommended Council direct staff to bring the Zon.ing Ordinance back for City Council Minutes 23 August 7, 2001 modification if it's didn't like the current height limitation but that hasn't happened. He stated he felt obligated to uphold the Zoning Ordinance and could not support the project as proposed because he feels it doesn't fit the village plan. He agreed the City has the legal right to approve the hotel height but questioned the moral right. Council Member Perkins stated he didn't feel traffic is an issue because hotel traffic is spread out over a large number of hours. In response to Council Member Perkins, Mr. Brown confirmed the exit at the north end of Desert Club Drive is emergency access only and that employee parking is provided onsite. Council Member Perkins noted property taxes are a very small part of the City's revenue and that a hotel this size would provide as much tax revenue as approximately 1 ,000 homes. He also commented on the City's need for tax revenues to support fire and law enforcement services. He stated he supports the project as proposed and believes it will help jumpstart development in the village. Council Member Sniff commented on the number of years the City has tried to get something going in the village. He didn't feel the City could afford to let this opportunity pass, especially since it will provide a catalyst to the village. He supported the new design and felt the project, along with what the City has done to enhance the village, will push the village forward to be the vision everyone can support and enjoy. He felt the project would be a significant component of the City's progress and noted hotels are not easy to attract to a community. In response to Council Member Henderson, Mr. Herman confirmed the Fire Department has reviewed the project and has not indicated that the hotel is inappropriate for what they can serve. He further confirmed on-site parking will be provided for employees. Council Member Henderson noted for many years the community has been asking the City to entice hotels and offer incentives to bring development into the village. She felt the recent infrastructure improvements have addressed many of the things adopted in the Village Specific Plan and noted the current Village Design Guidelines are guiding future development of the village. She believes this project fits into the plan by providing the critical mass needed to support businesses in the village. She commented on the City's right to go outside the Zoning Ordinance and noted many of those who have accused the City Council Minutes 24 August 7, 2001 Council of breaking their promise to the citizens by violating the Zoning Ordinance are the same people who urged Council a year ago to do the same thing for the La Quinta Arts Foundation. She voted in favor of that project and supports the hotel project as proposed. Mayor Peña thanked the audience for their comments and expressed appreciation for the Council's ability to disagree with each other in a professional manner. He stated he supported the project in February except for the six-story height, which he felt was inappropriate for the village. He feels more comfortable with the four-story design, from both a visual standpoint and a land-use standpoint. He commented on the City's effort to develop a vision for the village and the opposition Council has faced through the years in trying to implement needed changes throughout the City. He also questioned 48 feet being a high rise. He stated he supports the project and feels it will provide a thrust that will encourage other businesses to locate and accelerate in the village. Council Member Adolph spoke in reference to the fire safety concern voiced by one of the speakers and advised the City plans to build a new fire station in the north part of the City that will accommodate a ladder truck with the capability of extinguishing a building fire of any height in the City. RESOLUTION NO. 2001-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING AN ADDENDUM TO PREVIOUSLY -CERTIFIED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2000-406 (SANTA ROSA PLAZA, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2001-100 as submitted. Motion carried unanimously. RESOLUTION NO. 2001-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING MODIFICATION TO VILLAGE USE PERMIT 2000-005 REDUCING THE MAXIMUM HOTEL BUILDING HEIGHT ((SANTA ROSA PLAZA, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2001-1 01 as submitted. Motion carried with Counc.il Member Adolph voting NO. City Council Minutes 25 August 7, 2001 BUSINESS SESSION . . . . . . . . . . . continued 8. CONSIDERATION OF SELECTION OF A VOTING DELEGATE AND ALTERNATE TO THE LEAGUE OF CALIFORNIA CITIES ANNUAL BUSINESS MEETING, SEPTEMBER 12-15,2001. There were no changes to the staff report as submitted and on file in the City's Clerk's Office. MOTION - It was moved by Council Members Sniff/Adolph to appoint Council Member Henderson as the Voting Delegate and Mayor Peña as the Alternate Voting Delegate for the League of California Cities Annual Conference business meeting. Motion carried unanimously. MINUTE ORDER NO. 2001-120. 9. CONSIDERATION OF AN IMPLEMENTATION AGREEMENT RELATING TO PREPAYMENT OF DEBT PURSUANT TO THE REPLACEMENT COOPERATION AGREEMENT BETWEEN THE COUNTY OF RIVERSIDE, CITY OF LA QUINT A, AND LA QUINT A REDEVELOPMENT AGENCY. City Manager Genovese advised no action is required at this time but wished to note that staff will be moving forward with paying off the loan at the close of the bond issue if there is no objection by Council. MOTION - It was moved by Council Members Sniff/Henderson to authorize City staff to move forward with repayment of the loan with Riverside County. Motion carried unanimously. MINUTE ORDER NO. 2001-121. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS League of California Cities-Riverside Division - Council Member Henderson encouraged everyone to attend the League Dinner Meeting to be held at Rancho La Quinta on August 13th. * * * * * * * * * * * All other reports were noted and filed. City Council Minutes 26 August 7, 2001 DEPARTMENT REPORTS 5-A. JOINT CITY COUNCIL/PLANNING COMMISSION PUBLIC HEARING ON THE GENERAL PLAN. Council concurred to schedule a joint public hearing with the Planning Commission on the General Plan at 7:00 p.m. on September 19, 2001. Council Member Perkins spoke regarding a code enforcement concern on A venida Navarro. Council recessed to the Redevelopment Agency meeting. 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. Respectfully submitted, JU~RE~t~ City of La Quinta, California