2001 11 20 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
NOVEMBER 20, 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 regarding pending litigation, City of Indio v. City
of La Quinta - Riverside County Superior Court, Indio Branch, Case No. 025560;
pursuant to Government Code Section 54956.9(a).
2. Conference with legal counsel regarding pending litigation, City of La Quinta v.
Coachella Valley Water District - Riverside Superior Court, Indio Branch, Case
No. INC010827; pursuant to Government Code Section 54956(a).
Council recessed to Redevelopment Agency and 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 - None
CONFIRMATION OF AGENDA
City Manager Genovese advised of the need to make a modification to Consent Item
No. 9.
City Council Minutes 2 November 20, 2001
MOTION - It was moved by Council Members Sniff/Adolph to approve the agenda as
modified. Motion carried unanimously.
ANNOUNCEMENTS - None
PRESENTATIONS - None
WRITTEN CORRESPONDENCE - None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Henderson/Sniff to approve the City
Council Minutes of November 6, 2001, as submitted. Motion carried unanimously.
CONSENT CALENDAR
City Manager Genovese and City Attorney Jenson advised Item No. 9 should be
modified to include "the approved contract is subject to final review by the City
Attorney for the purpose of cleaning up language in the contract related to insurance
requirements and indemnification issues."
1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 20, 2001.
2. TRANSMITTAL OF TREASURER'S REPORT AS OF SEPTEMBER 30, 2001.
3. TRANSMITTAL OF REVENUE AND EXPENDITURES REPORT DATED
SEPTEMBER 30, 2001.
4. DENIAL OF CLAIM FOR DAMAGES FILED BY JANILEE SAW - DATE OF LOSS:
OCTOBER 15, 2001.
5. AUTHORIZATION FOR THE COMMUNITY SERVICES DIRECTOR, SENIOR
CENTER SUPERVISOR, AND ONE COMMUNITY SERVICES COMMISSIONER TO
ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY CONFERENCE
IN LOS ANGELES, CALIFORNIA, APRIL 3-6, 2002.
6. ACCEPTANCE OF PROJECT NO. 98-18, COVE OASIS/LAKE CAHUILLA
TRAILHEAD IMPROVEMENTS.
City Council Minutes 3 November 20, 2001
7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO.
29457-2, RANCHO LA QUINTA, T, D, DESERT DEVELOPMENT, (RESOLUTION
NO. 2001 - 146)
8. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
30125-2, SEDONA HOMES. (RESOLUTION NO. 2001-147)
9. APPROVAL OF A CONTRACT TO RETAIN ROY F. STEPHENSON, P.E. OF
BERRYMAN AND HENIGAR AS INTERIM PUBLIC WORKS DIRECTOR/CITY
ENGINEER. (amended)
MOTION -It was moved by Council Members Sniff/Adolph to approve the
Consent Calendar as recommended and with amended language on Item No. 9
and with Item Nos. 7 and 8 being approved as RESOLUTION NOS. 2001-146
and 2001-147 respectively. Motion carried unanimously. MINUTE ORDER NO.
2001-159.
BUSINESS SESSION
1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR
THE YEAR ENDED JUNE 30, 2001.
Finance Director Falconer and Ken Ali-lman, of Conrad and Associates, gave a
brief overview of the financial report and format changes.
Council Member Henderson noted SunLine Transit Agency, palm Springs Desert
Resorts Convention & Visitors Authority, and the Desert'Resorts Regional
Airport should be added to the list of governmental agencies on Page ii of the
document. In addition, she noted 96.8 million on Page 10 should be changed
to 98.6 million and it was confirmed by Mr. Falconer.
In response to Council Member Henderson, Mr. Ali-lman suggested adding
language on Page 50 to clarify what was excluded from the Notes Receivable
amount on Page 16. Additionally, Mr. Falconer explained why the Low &
Moderate Income Housing Project Area No. 1 Fund is not listed under "Major
and Non-Major Funds" on Page 13, and advised .staff will look into the
possibility of adding it next year. He also verified the Contingent Tax
Interruption insurance coverage referenced on Page 143 is for Wal-Mart and the
La Quinta Hotel.
City Council Minutes 4 November 20, 2001
Council Members Sniff and Adolph spoke regarding the need to be working
toward meeting the financial challenges listed on Page vi.
The Mayor and Council Members commented on the excellence of the report
and complimented staff on a job well done.
MOTION - It was moved by Council Members Sniff/Henderson to approve,
receive, and file the Comprehensive Annual Financial Report for the year ended
June 30, 2001. Motion carried unanimously. MINUTE ORDER NO. 2001-160.
2. CONSIDERATION OF PARTICIPATION IN THE COACHELLA VALLEY VIOLENT
GANG CRIME TASK FORCE (VGCTF).
Building & Safety Director Hartung presented the staff report.
Police Chief Wyman, of the Palm Springs Police Department, responded to
several questions asked by Council Member Sniff. He stated each agency
involved with the Task Force will have an equal vote on the Board and each
need for response to gang activity will be considered and prioritized by the
Board. They've received commitments to the Task Force from the Bureau of
Narcotics Enforcement (supervisory position only), County Probation
Department, District Attorney's Office (prosecutor and investigator), and the
cities of Palm Springs, Indio, and Indian Wells. The Task Force is currently
meeting in the Palm Springs Police Department basement and will eventually
meet in a trailer at Bermuda Dunes. Each Board position will be a full-time
position with the Chairman elected by the Board of Directors. The Task Force
will target gang activity through intelligence, sting operations, and after-the-fact
investigations. He also spoke about the increase in crime, especially violent
crimes, and advised the Task Force has approximately $300,000 in operating
funds to use for equipment, housing, and general operations and additional
operating funds will be sought through grants.
Council Member Sniff commented on the need for all agencies to participate in
the Task Force for it to be effective.
In response to Council Member Adolph, Chief Wyman explained each Board
Member will report back to its agency and that the Task Force will take its
directions from within the Board. In regard to hours, he stated the Task Force
members will be on a flex schedule and on 24-hour call.
Council Member Perkins stated he supports participation in the Task Force.
City Council Minutes 5 November 20, 2001
In response to Council Member Henderson, Captain Singerton advised the grant
for the deputy position was obtained through the District Attorney's Office.
Council Member Henderson commented on the difficulty of funding and noted
the City has been looking at adding a second motor officer. She stated she
would consider reassigning the Community Services Officer but pointed out
funding for the position will be an annual expense that will take away from
dollars committed to patrolling the community.
Council Member Perkins stated he felt it's somewhat of a trade-off because the
Task Force will reduce some of the problems deputies currently deal with. He
was opposed to using an existing deputy or Community Services Officer and
preferred allocating funds for an additional deputy position to dedicate to the
Task Force.
Chief Wyman commented on the importance of La Quinta's participation and
stated he felt most of the Task Force activity will be in the east end of the
Valley.
In response to Council Member Adolph, Captain Singerton confirmed,
theoretically, the Task Force will reduce the workload of existing officers.
In response to Council Member Sniff, Chief Wyman advised the Task Force
position will need transportation and routine standard equipment with any
specialized equipment being provided through the Task Force operating funds.
Council Member Adolph spoke in support of the Task Force and commented on
the need to weigh the needs of the City.
Mayor Pe~a spoke in support of funding a Task Force position in addition to the
grant-funded position in the Sheriff's Department.
MOTION - It was moved by Council Members Sniff/Perkins to participate in the
Coachella Valley Violent Gang Crime Task Force and provide one officer at an
estimated cost of 988,000 annually. Motion carried unanimously. MINUTE
ORDER NO. 2001-161.
3. CONSIDERATION OF AWARD OF CONTRACT TO TERA-CAL CONSTRUCTION,
INC. TO CONSTRUCT THE CIVIC CENTER CAMPUS IMPROVEMENTS,
PROJECT NO. 97-09.
Interim Public Works Director/City Engineer Speer presented the staff report and
Mr. Nickerson, the City's consultant, reviewed the three alternatives and needed
appropriations.
City Council Minutes 6 November 20, 2001
Council Member Perkins suggested eliminating Alternative #1 and Council
concurred.
In response to Council Member Henderson, Community Services Director
Horvitz advised the three acknowledgment areas, map, some sidewalk
treatments, and the lake water feature are included in the Art in Public Places
(APP) funding but not the Historical Plaza Fountain.
Mr. Nickerson advised Alternative #2 will require an additional budget
appropriation of $520,576 and Alternative #3 will require $1,580,000. In
response to Council Member Adolph, he advised the difference between the two
alternatives will change very little if bid again next year but after that it will
depend on the economy. He noted once the base is installed, other items such
as shade structures, drinking fountains, and larger trees, can be added at
leisure.
Council Member Perkins voiced concern about damaging the grass and
underground watering system if all the improvements are not done up-front.
Council Member Sniff suggested purchasing trees with more quality and
uniformity than the trees in storage at the Senior Center. He supported
Alternative #3 because he felt there's a savings and intrinsic value in completing
the entire project.
In response to Council Member Henderson, City Manager Genovese advised
construction will began 30 to 45 days after the contract is approved. Mr.
Nickerson stated the construction will take approximately 180 days to
complete.
Mr. Genovese noted any additional appropriation on this project at this time
could affect other projects in the CIP, such as the library and museum, if those
project costs exceed the engineer's estimates.
Council Member Henderson suggested staff come back with a realistic budget
outlook on how these major projects are going to be handled.
Council Member Adolph concurred and commented on the need for additional
drinking fountains and larger trees in Alternative #2.
Council Member Perkins noted there will be an appearance of continual
construction if Alternative #3 is not approved.
City Council Minutes 7 November 20, 2001
Mayor Pe~a spoke in support of Alternative #2 and commented on the
uncertainty of State funding next year. He noted any improvement on the site
will be good and stated he would have a concern supporting Alternative #3
without input from staff on how it will impact other projects.
Council Member Henderson stated she supports Alternative #2 and suggested
construction of the remaining items in Alternative #3 might coincide with the
library construction. As for the trees in storage, she wished to see some of the
larger ones used on the Civic Center Campus and maybe others at the Cove
Oasis instead of throwing them away.
Council Member Sniff stated he would not support transplanting the trees to the
campus because he feels a number of them will be fatally affected if moved
again. He noted the museum has not been fully designed and that the library
has been somewhat delayed by a new three-year contract with the County. He
urged support for Alternative #3 and noted a six-month construction period is
not long, then the City can move forward in an orderly fashion, based on
budget, with the museum and library.
Council Member Adolph noted the MOU with the County does not preclude the
City from moving forward with construction of the library.
In response to Council Member Adolph, Mr. Nickerson advised either alternative
will allow construction of the library with minimal affect on the rest of the site.
Council Member Perkins stated he felt it would be a big mistake to construct
only part of the campus now and maybe come back in six months to do more.
Council Member Henderson asked about the construction schedules for the
library, museum, fire station, and community park.
Mr. Genovese advised the museum design has started and the project could get
underway within 6 to 8 months. The library is probably 10 to 12 months after
that and the fire station schedule is similar to the museum schedule. It will take
2 to 3 months to complete the working drawings for the park once a final
design is approved, and then 5 to 6 months to start construction.
Council Member Henderson expressed concern that approval of Alternative #3
may not be good fiscal-sense spending at this time.
Council Member Sniff urged Council to purchase healthy, moderate-sized palm
trees regardless of which alternative is approved, rather than use the unhealthy
trees in storage.
City Council Minutes 8 November 20, 2001
In response to Mayor Pe~a, Ms. Horvitz advised the additional cost for Design B
on the museum is approximately $450,000.
Council Member Perkins suggested a continuance to get a report back from staff
on the City's financial capability of moving forward and completing these
projects.
Mayor Pe~a voiced opposition to a continuance and stated he would support
Alternative//2 with the addition of healthy and maybe larger trees.
In response to Council Member Sniff, Mr. Genovese confirmed funding is
available, including the $500,000 grant, to construct Phase I of the park,
provided the bid does not come back higher than estimated. He further
confirmed funding is available for the fire station.
In response to Council Member Henderson, Mr. Genovese stated redesign of the
park will most likely result in additional design costs.
Council Member Henderson voiced concern about moving too fast.
Council Member Adolph asked about the possibility of additional grants, to
which Mr. Genovese responded that staff is looking for a grant for the museum.
In response to Mayor Pe~a, Ms. Horvitz advised the City has been relatively
assured that the funds for the $500,000 State grant have been encumbered.
Council Member Sniff suggested, in absence of support for Alternative//3, to
approve Alternative #2 with the purchase of healthy and somewhat uniform size
palm trees.
MOTION - It was moved by Council Members Sniff/Henderson to: 1 ) appropriate
911,000 from Urban Forestry Grant received from the California Department of
Forestry and Fire Protection; 2) appropriate 9520,577 from Redevelopment
Project Area No. 1 funds, contingent upon the future adoption of an advance
agreement with the Park and Recreation Developer Impact Fee Fund; 3) award
a contract to Tera-Cal Construction, Inc. in the amount of 91,649,558 to
construct base bid line items 1-13, 16-19, and 21-35, Add Alternate //1 line
items 1-4, Add Alternate//2 line item 1, and Add Alternate #4 line item 3 (base
bid area with colored concrete and walkway lighting); and 4) purchase healthy
palm trees of somewhat uniform size (instead of using the trees in storage).
In response to Council Member Adolph, Mr. Speer advised some larger trees
(instead of all 15-gallon trees) can be utilized through add-alternates and the
City Council Minutes 9 November 20, 2001
palm trees can be done through a change order. He also confirmed plumbing
can be stubbed in for a drinking fountain at each of the five shade structures.
Council Member Perkins stated he supports the project but will not support the
motion because he supports Alternative//3.
Motion carried with Council Member Perkins voting NO. MINUTE ORDER NO,
2001-162.
Council concurred to take up Business Item No. 5 at this time.
5. CONSIDERATION OF SUNLINE TRANSIT AGENCY PROPOSAL TO CREATE OR
AMEND A JOINT POWERS AGREEMENT TO FACILITATE CONSTRUCTION OF
AN ELECTRIC POWER PLANT.
Assistant City Manager Weiss presented the staff report.
Bill Maier, Chief Financial Officer for SunLine Services Group, advised six cities,
to date, have approved the concept of eminent domain.
In response to Council Member Henderson, Mr. Maier explained eminent domain
status is needed under SunLine Services Group (SSG) to obtain tax exempt
financing.
In response to Council Member Sniff, Mr. Maier advised SunLine Transit Agency
and SunLine Services Group are separate entities with separate funding sources.
Council Member Sniff stated he was uncomfortable with the proposal.
In response to Council Member Sniff, Dick Cromwell, General Manager for
SunLine Transit Agency, stated this project, which is for the purpose of building
a power plant in Imperial Irrigation District (liD) area, is not in conflict with
CVAG's project, which is municipal electric power in the Southern California
Edison (SCE) area. He agreed to guarantee, in writing, that the eminent domain
power would not be uSed to acquire any portion of lid facilities. Their purpose
is to provide additional power for 100,000 homes.
Mr. Maier explained the cities of Rancho Mirage and Palm Springs, who have
both opted out of the CVAG project, have requested additional information on
this project due to their concern about a connection between the two projects.
He reiterated there is no connection.
City Council Minutes 10 November 20, 2001
Council Member Sniff stated he preferred to wait for additional information.
In response to Council Member Adolph, Mr. Cromwell confirmed liD supports
the project.
In response to Council Member Perkins, Mr. Maier stated the power plant would
be located in Thousand Palms and confirmed the possibility of expanding the
facility in the future to provide power for 200,000 homes.
Council Member Perkins stated he didn't have a problem getting the project set
up without any further commitments.
In response to Council Member Henderson, Mr. Cromwell advised the power
plant will be decided by the Board, which is made up of city representatives,
and any exercise of eminent domain power must be approved by unanimous
consent of the Board.
Council Member Sniff stated he wished to have letters from Rancho Mirage and
Palm Springs regarding their concerns, letters from CVAG and liD as to their
comments on this project, and a statement from the SunLine Board
guaranteeing that the eminent domain power will be used only for tax exempt
bond financing before moving forward with this.
MOTION - It was moved by Council Member Sniff to continue this item until
additional information and requested responses are received. Motion failed for
lack of second.
Mayor Pe~a and Council Member Perkins supported voting on the concept.
Council Member Henderson agreed and noted the Council will have another
opportunity to approve or deny the project when the amended language comes
back for approval.
In response to Council Member Sniff, Mr. Cromwell advised all the issues should
be resolved by January 23, 2002.
In response to Council Member Sniff, City Attorney Jenson advised she will
review the amended JPA agreement when it's proposed and make sure there
are no liability risks to the City related to the eminent domain power.
In response to Council Member Sniff, Mr. Cromwell advised the bond amount
will be between $90 million and $100 million.
City Council Minutes 11 November 20, 2001
In response to Council Member Perkins, Ms. Jenson confirmed there is no
binding action with the concept in Alternative #1 and that Council will have an
opportunity to change its mind when the agreement is submitted for approval.
MOTION - It was moved by Council Members Perkins/Henderson to authorize
the City's SunLine representative to support in concept a proposal for SunLine
Services Group to finance, construct, and operate an electric power plant,
including extension of the power of eminent domain to SunLine, subject to City
Council consideration and approval of appropriate JPA implementation language.
Mayor Pe~a noted any reference in the mo,tion to SunLine relates to SunLine
Services Group and not SunLine Transit Agency. In response to Council
Member Adolph, he stated he was skeptical about the proposal in the beginning
but after participating in many meetings he's comfortable with moving forward.
Council Member Sniff stated he would support the motion but still wished to
have comments back from the agencies he referenced earlier.
Motion carried unanimously. MINUTE ORDER NO. 2001-163.
4. CONSIDERATION OF A PARK NAME FOR PARK LOCATED BETWEEN
SAGUARO AND BOTTLEBRUSH DRIVE.
Community Services Director Horvitz presented the staff report.
Council Member Sniff voiced concern that Desert Club Manor Park could be
confusing with the street in the Cove and suggested Washington Street Park.
Council Member Perkins noted the park will not be visible from Washington
Street.
Council Member Henderson stated she has been approached by two separate
groups who wish to have identifying signs for their communities of Desert Club
Manor and Desert Club Estates. She supported naming the park Desert Club
Manor Park.
Mayor Pe~a stated he was leaning toward Saguaro Park.
Council Member Adolph supported Desert Club Manor Park as requested by the
residents.
City Council Minutes 12 November 20, 2001
MOTION -It was moved by Council Members Henderson/Adolph to approve the
name Desert Club Manor Park for the park site located between Saguaro and
Bottlebrush Drives. Motion carried unanimously. MINUTE ORDER NO,
2001-164.
Council recessed to and until 7:00 p.m.
7:00 P.M.
PUBLIC COMMENT
Maddy Waters, 81-150 Avenue 53, voiced concern that she may not be able to
continue spraying chemicals on her grape fields because of a new development next
to her property and asked Council to consider requiring a buffer zone.
PRESENTATIONS - None
PUBLIC HEARINGS
1. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE
·
DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL
ASSESSMENT 2001-418 AND A REQUEST TO CHANGE THE ZONING
DESIGNATION TO LOW DENSITY RESIDENTIAL AND THE GENERAL PLAN
DESIGNATION TO LOW DENSITY RESIDENTIAL WITHIN THE SPHERE OF
INFLUENCE OF THE CITY OF LA QUINTA FOR SUBSEQUENT ANNEXATION
FOR APPROXIMATELY 200 ACRES, 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 LIMITS. APPLICANT: NRI, LA QUINTA
LIMITED PARTNERSHIP.
The Mayor declared the PUBLIC HEARING OPEN.
Community Development Director Herman presented the staff report.
Maddy Waters, 81-150 Avenue 53, reiterated her concerns voiced under public
comment about not being able to spray chemicals on her grape fields, which is
located next to the proposed development. She didn't feel it would be right for
City Council Minutes 13 November 20, 2001
her to break the law by continuing to spray her crops just because other farmers
do it.
Bob Hargreaves, 74-760 Highway 111, Indian Wells, attorney with Best, Best,
& Krieger, spoke regarding agricultural conservation and potential conflicts when
residential developments are located next to agricultural properties. He stated
he felt residential developments use more water than agriculture because
agriculture uses irrigation water. He also distributed information on protecting
farmlands and agricultural buffers and encouraged a full EIR study to make sure
everything possible is done to protect farm resources.
Ellen Lloyd Trover, P. O. Box 297, Coachella, agreed more study is needed
when water usage, prime farm land, and liquefaction issues are involved. She
encouraged use of the "golden rule" and listening to the farmers before making
a decision. She also urged Council to require a buffer zone so Ms. Waters can
continue farming.
Garfield Logan, 30-448 Rancho Viejo Road, San Juan Capistrano, representing
RWD Ranch, stated he felt the issue is whether or not Coachella Valley is going
to continue as a farming community or be an extension of other subdivisions or
golf courses. He felt a comprehensive plan is needed in order for the two
interests to be balanced and he voiced opposition to adopting a Negative
Declaration.
Nancy Aaronson, representing the applicant, stated they have tried to address
all the issues and are in agreement with the staff report. She advised the
project is part of their overall development plan, which they desire to be under
La Quinta's jurisdiction. She noted the site has been approved for residential
units by the County and that homes already exist in the area. She stated the
zoning request is not much different than what currently exists and she felt it's
impractical to require an EIR. She also felt if chemical use is a concern, it
should relate to the water table and animal health as well.
In response to Council Member Henderson, Ms. Aaronson confirmed there is
potential for the property to be developed in or out of the City. She also asked
if a lO0-foot buffer is required that it be from the boundary of the use and not
the property line.
Bernard Debonne stated he has been farming for 40 years and questioned
farmers being able to survive on small vineyards without additional income. He
advised chemical spraying is usually limited to March through May with sulphur
being applied two or three times a season. He noted there are a number of
existing farms contiguous to residences and stated he didn't feel chemical
City Council Minutes 14 November 20, 2001
spraying is a serious argument against residential development. He felt the
issue is more of a preference between two lifestyles.
Mayor Pe~a asked how buffer zones work when houses are located in the
middle or adjacent to a farm.
Mr. Debonne stated he was not aware of any State or Federal law requiring
buffer zones for houses.
City Attorney Jenson recommended a continuance in order to have an
opportunity to review the information distributed by Mr. Hargreaves. She also
reviewed information received from the Agricultural Standards Investigator in
Indio regarding chemicals used on Ms. Waters' vineyard and stated only one of
three chemicals listed by Ms. Waters' attorney is recorded as being used. She
stated dormax has a buffer zone for lemon trees up to ¼ mile because of the
reaction it causes in lemon trees but it's not applicable to residential units. She
added, under State regulations, buffer zones are expected to be on the farm
property and not adjacent properties. Sulphur, which is used on Ms. Waters'
property, has an odor problem but no health-related issues or established buffer
zones. She advised in addition to a 100-foot buffer zone, staff is
recommending a 300-foot noticing requirement, which can be expanded if
Council wishes.
In response to Council Member Adolph, Ms. Jenson stated desert land
surrounding a vineyard may be considered open space and not require a buffer.
She advised under State law, if Ms. Waters is authorized by statute to utilize
chemicals and has a permit, she would not be responsible for creating a
nuisance situation. She further adVised staff is recommending prior to
annexation, that an ordinance be adopted that would give Ms. Waters
protection to continue the use on her property. She stated the proposed
ordinance is modeled after the County Ordinance but Ms. Waters feels it does
not protect any change in crop but under the proposed ordinance the use would
be protected and could not be considered a nuisance.
MOTION - It was moved by Council Members Sniff/Adolph to continue the
public hearing for NRI La Quinta Limited Partnership to December 18, 2001.
In response to Council Member Henderson, Ms. Jenson stated she understood
inner buffers and outer buffers are established for the chemical use, based on
the calculation of the number of acres and amount of chemical used. There are
restrictions whether or not the outer buffer can include adjacent properties.
Mayor Pe~a suggested inviting the Agricultural Standards Investigator to attend
the December 18th meeting.
Motion carried unanimously. MINUTE ORDER NO. 2001-165.
City Council Minutes 15 November 20, 2001
2. PUBLIC HEARING TO CONSIDER STREET NAME CHANGE 2001-012 TO
CHANGE THE NAME OF A PORTION OF VIA TRIESTE TO VIA LIVORNO
WITHIN LAKE .LA QUINTA. APPLICANT: LAKE LA QUINTA COMMUNITIES.
The Mayor declared the PUBLIC HEARING OPEN.
Community Development Director Herman presented the staff report.
There being no requests to speak, the Mayor declared the PUBLIC HEARING
CLOSED.
RESOLUTION NO. 2001 - 148
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A STREET NAME CHANGE (2001-012) FOR A
PORTION OF VIA TRIESTE TO VIA LIVORNO LOCATED WITHIN LAKE
LA QUINTA (LAKE LA QUINTA COMMUNITIES).
It was move.d by Council Members Adolph/Sniff to adopt Resolution No.
2001-1 48 as submitted. Motion carried unanimously.
3. PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-429;
REVIEW OF AMENDMENT NO. 3 TO SPECIFIC PLAN 87-011 AND SITE
DEVELOPMENT PERMIT 2001-708 TO APPROVE THE DEVELOPMENT
STANDARDS AND DESIGN GUIDELINES FOR A 25,240 SQUARE FOOT, TWO-
STORY BUILDING FOR COMMERCIAL, RETAIL, AND OFFICE USES; AND
REVIEW OF CONDITIONAL USE PERMIT 2001-064 TO ALLOW THE USE ON
APPROXIMATELY 1.78 ACRES LOCATED NORTH OF AVENUE 47, WEST OF
ADAMS STREET. APPLICANT: THOMAS LATHROP, LATHROP
DEVELOPMENT.
The Mayor declared the PUBLIC HEARING OPEN.
Community Development Director Herman presented the staff report.
In response to Mayor Pe~a, Tom Lathrop, the applicant, advised the maximum
height at the ridge line is 34~ feet.
In response to Council Member Adolph, Mr. Herman advised the setback from
curb is 20 + feet.
City Council Minutes 16 November 20, 2001
There being no other requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
RESOLUTION NO. 2001 - 149
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QU'INTA,
CALIFORNIA, CERTIFYING OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-429
PREPARED FOR SPECIFIC PLAN 87-011 AMENDMENT NO. 3, CONDITIONAL
USE PERMIT 2001-064, AND SITE DEVELOPMENT PERMIT 2001-708
(LATHROP DEVELOPMENT).
It was moved by Council Members Sniff/Adolph to adopt Resolution No.
2001-149 as submitted. Motion carried unanimously.
RESOLUTION NO. 2001 - 150
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE DESIGN GUIDELINES AND DEVELOPMENT
STANDARDS FOR A COMMERCIAL OFFICE USE (SPECIFIC PLAN 87-011
AMENDMENT NO. 3 - LATHROP DEVELOPMENT).
It was moved by Council Members Henderson/Sniff to adopt Resolution No.
2001-150 as submitted. Motion carried unanimously.
RESOLUTION NO. 2001 - 151
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A 25,240 SQUARE
FOOT, TWO-STORY, COMMERCIAL OFFICE BUILDING (SITE DEVELOPMENT
PERMIT 2001-708- LATHROP DEVELOPMENT).
It was moved by Council Members Sniff/Adolph to adopt Resolution No.
2001-151 as submitted. Motion carried unanimously.
RESOLUTION NO. 2001 - 152
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A COMMERCIAL OFFICE USE (CONDITIONAL USE
PERMIT 2001-064 - LATHROP DEVELOPMENT).
It was moved by Council Members Sniff/Adolph to adopt Resolution No.
2001-152 as submitted. Motion carried unanimously.
City Council Minutes 17 November 20, 2001
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
CVAG Human & Community Resources Committee -- Council Member Adolph
reported the County is working on funding to improve the Indio Animal Shelter.
Chamber of Commerce Workshop/Information Committee -- Community Services
Director Horvitz related the anniversary celebration and status of the Village Faire were
discussed at the last workshop.
Palm Springs Desert Resorts Convention & Visitor's Authority - Council Member
Henderson reported they have recommended a mid-budget decrease of $235,000 and
are looking at a potential decrease of $609,000 next year based on hotel industry
revenues. She stated there are concerns about how the decrease will impact the
marketing program and there has been some discussion about the cities possibly
making up the difference between this year's TOT and next year's TOT.
All other reports were noted and filed.
DEPARTMENT REPORTS
Mayor Pe~a noted the flowers donated by the Soroptimist have been planted at the
Senior Center and look very nice. He suggested sending a thank you letter to the
Soroptimist.
3-B. SELECTION OF INVESTMENT ADVISORY BOARD MEMBER.
In response to Mayor Peda, Finance Director Falconer reported Board Member
Gia Filice has attended the meetings through teleconferencing or in person.
Council Member Perkins stated he felt there's a lack of relationship through
teleconferencing and spoke in support of reducing the membership to five
members.
Council Member Henderson concurred.
City Council Minutes 18 November 20, 2001
Council Member Adolph disagreed and voiced concern about how a five-member
Board would operate when there are absences.
Mayor Pe~a suggested a policy may be needed on how many teleconferencing
attendances are allowed.
Council Member Henderson supported maintaining the current vacancy and
letting Board Member Filice fulfill her obligation on the Board.
Council Member Sniff agreed with leaving the position vacant for a while to see
how the Board functions with fewer members.
Council concurred.
MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION REGARDING DOWNTOWN BUSINESS DISTRICT.
Council Member Henderson suggested the possibility of creating a downtown
business district and commented on the need to maintain the recent landscape
improvements.
Council Member Perkins agreed and commented on some of the lampposts not
being complete and the grass parking lot needing fertilizer.
Mayor Pe~a suggested contacting business owners to see if there is support for
a business district.
2. DISCUSSION REGARDING PARKING AND SIGNAGE RELATING TO CALLE
ESTADO.
Council Member Henderson commented on the need for additional signage in
the Village, such as a parking lot identification sign and signs pointing toward
the parking lot.
Mayor Pe~a stated he felt it would be helpful for businesses to provide flyers to
let people know there is a parking lot.
Council Member Sniff noted parking at the curb continues to be a problem and
constricts movement.
City Council Minutes 19 November 20, 2001
Council Member Henderson suggested the bike patrol be used to help enforce
the "no parking" regulation.
Council Member Perkins noted the handicap parking stalls in front of the post
office need to be properly marked.
Mayor Pe~a suggested the possibility of installing a dedicated right-turn at
Avenida Bermudas and Avenue 52.
Council Member Henderson noted the intersection is scheduled for installation
of a traffic signal in the near future.
3. DISCUSSION REGARDING BANNERS IN THE VILLAGE AREA.
Council Member Henderson suggested ordering lamppost banners that depict
the American flag and/or its colors.
Council concurred to direct staff to look into the costs of red, white, and blue
banners.
4. DISCUSSION REGARDING COUNCIL MEMBERS' CONFLICTS OF INTEREST.
Council Member Adolph spoke regarding the question of his ability to vote on
PGA West issues and advised he has been told by his attorney that he has no
conflict of interest. He stated the City Attorney has contacted his attorney and
has received a second opinion affirming that he has no conflict of interest.
Additionally, he has contacted a realtor, as suggested by the City Attorney, who
has completed an evaluation and provided him a letter stating there would be
no increase in property value. He voiced dissatisfaction about having to spend
so much time proving his innocence and advised he will abstain on issues that
affect his property financially.
ADJOURNMENT
There being no further business, it was moved by Council Members Henderson/Sniff
to adjourn. Motion carried unanimously.
Respectfully submitted,
JUNE S. GREEK, City Clerk
City of La Quinta, California