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2002 04 16 CC Minutes LA QUINTA CITY COUNCIL MINUTES APRIL 16, 2002 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 City's legal counsel regarding pending litigation pursuant to Government Code Section 54956(a), Coachella Valley Water District v. City of La Quinta, Case No. INC 010827. 2. Conference with City's legal counsel regarding pending litigation pursuant to Government Code Section 54956(a), City of Indio v. City of La Quinta, Case No. INC 025560. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT Robert Tyler, 44-215 Villeta Drive, thanked the Council for selecting him for the Senior Inspiration Award. · K- ~- -~ -)(- -){- ~ -I{- -X- ~ Michael Bracken, of Coachella Valley Economic Partnership (CVEP), distributed copies of a 2002 Market Analysis from which he briefly reviewed demographic information about La Quinta. He also referenced the International Trade Outlook Conference to be held April 29, 2002. City Council Minutes 2 April 1 6, 2002 In response to Council Member Adolph, Mr. Bracken confirmed most of the figures in the document came from census data. Council Member Sniff questioned the banking figures. In response to Council Member Henderson, Mr. Bracken confirmed the booklet was funded by a federal grant administered through the County of Riverside, CONFIRMATION OF AGENDA City Manager Genovese noted Consent Item No. 10 has been removed from the agenda and will be placed on the May 7, 2002 agenda. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE 1. CORRESPONDENCE FROM LA QUINTA HIGH SCHOOL. After a brief discussion, Council concurred to agendize this request as a Business Item on the May 7, 2002 agenda. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of March 20, 2002, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of April 2, 2002, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED APRIL 16, 2002. 2. TREASURER'S REPORT FOR THE PERIOD ENDING FEBRUARY 28, 2002. City Council Minutes 3 April 16, 2002 3. REVENUE & EXPENDITURES REPORT FOR THE PERIOD ENDING FEBRUARY 28, 2002, AND INVESTMENT SUMMARY FOR THE PERIOD ENDING MARCH 31, 2002. 4. APPROVAL OF A REQUEST BY THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) TO UTILIZE THE COUNCIL CHAMBERS FOR A FINANCIAL PLANNING SEMINAR FOR RETIREES, JUNE 11 AND NOVEMBER 21, 2002, 8:00 A.M. TO 3:30 P.M. 5. APPROVAL OF REQUEST BY THE RIVERSIDE COUNTY HEALTH SERVICES AGENCY REGIONAL ACCESS PROJECT TO UTILIZE THE COUNCIL CHAMBERS FOR FREE LA QUINTA IMMUNIZATION CLINICS ON JUNE 12, JULY 9, AND AUGUST 14, 2002, FROM 10:00 A.M. TO 12:00 P.M. AND TUBERCULOSIS RECHECKS IN THE STUDY SESSION ROOM ON JUNE 14, JULY 12, AND AUGUST 16, 2002 FROM 10:00 A.M. TO 10:30 A.M. 6. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE AVENUE 52 SAFETY IMPROVEMENTS, PROJECT NO. 1999-04A. 7. APPROVAL OF AMENDMENT NO. 3 TO THE CITY OF LA QUINTA, CITY OF INDIO, COUNTY OF RIVERSIDE, AND CVAG REIMBURSEMENT AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR FINAL DESIGN AND CONSTRUCTION OF JEFFERSON STREET FROM HIGHWAY 111 TO INDIO BOULEVARD. 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ACCOUNTING MANAGER TO ATTEND THE 2002 GOVERNMENT FINANCE OFFICERS ASSOCIATION (GFOA) ANNUAL CONFERENCE IN DENVER, COLORADO, JUNE 16-19, 2002. 9. APPROVAL OF A CALIFORNIA DEPARTMENT OF CONSERVATION GRANT FOR A RECYCLING PROGRAM. 10. ADOPTION OF A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2002/2003. (This item was removed from the agenda - see Confirmation of Agenda.) 11. ADOPTION OF A RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE - CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) AND THE CITY COUNCIL OF THE CITY OF LA QUINTA TO PROVIDE MILITARY SERVICE CREDIT. (RESOLUTION NO. 2002-54) City Council Minutes 4 April 16, 2002 12. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR WASHINGTON STREET/EISENHOWER DRIVE REHABILITATION, PROJECT NO. 2001-02 AND ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). (RESOLUTION NO. 2002-55) MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with the exception of Item No. 10 and with Item Nos. 11 and 12 being approved by RESOLUTION NOS. 2002-54 and 2002-55 respectively. Council Member Henderson spoke regarding Item No. 7, and requested Council's support for the City to stay closely tuned to the Jefferson Street Phase II Improvements project and to communicate that information to the residents as soon as possible. Council Member Adolph voiced the same concerns and stated he has been assured by the City Manager that everyone will be kept informed. City Manager Genovese advised a tentative schedule has been received and that a letter will be sent to residents as soon as staff is comfortable that the County is moving forward as scheduled. Motion carried unanimously. MINUTE ORDER NO. 2002-46. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO AN OPTION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KSL LAND HOLDINGS, INC., PERTAINING TO THE PURCHASE OF 525 ACRES OF PROPERTY KNOWN AS "THE RANCH" AND GENERALLY BOUNDED BY THE CORAL REEF MOUNTAINS, AVENUE 52, JEFFERSON STREET, AND AVENUE 54, AND CONSENTING TO THE FUNDING THEREFOR. Assistant City Manager Weiss presented the staff report. After a brief discussion, Council concurred to continue this item and take it up concurrently with the corresponding Redevelopment Agency item. City Council Minutes 5 April 16, 2002 2. CONSIDERATION OF AN ORDINANCE OF THE CITY OF LA QUINTA AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS) TO PROVIDE MILITARY SERVICE CREDIT. Assistant City Manager Weiss presented the staff report. In response to Council Member Adolph, Personnel/Risk Manager Ruiz confirmed other cities in the Valley have already amended their contracts. MOTION - It was moved by Council Members Henderson/Sniff to take up Ordinance No. 370 by title and number only and to waive further reading. Motion carried unanimously. ORDINANCE NO. 370 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AUTHORIZING AN AMENDMENT TO THE CONTRACT BETWEEN THE CITY COUNCIL OF THE CITY OF LA QUINTA AND THE BOARD OF ADMINISTRATION OF THE CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CALPERS). It was moved by Council Members Henderson/Sniff to introduce Ordinance No. 370 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None 3. CONSIDERATION OF A COMMUNITY SERVICES GRANT REQUEST BY MARTIN LANGER TO PRODUCE A COMMUNITY CONCERT SERIES. Community Services Director Horvitz presented the staff report. In response to Council Member Adolph, Ms. Horvitz confirmed the Cultural Arts Commission has a line item in the budget with a balance of approximately $2,500 that could be used for this item. Rosita Shamis, Chairman of Cultural Arts Commission, urged Council to approve Mr. Langer's request for funding and stated she felt the school facility is a nice City Council Minutes 6 April 16, 2002 place to hold the concerts. She noted the concert series would provide an opportunity for the City to give its citizens what they have been requesting. Council Member Perkins spoke in support of the request and stated he didn't see a need to go out to bid. Council Member Adolph also voiced support for the request and noted availability of the school facility has been verified by Mr. Langer. Council Member Sniff voiced concern about attendance because of the heat and proposed venue and suggested the Fritz Burns Park might be a better location. He referenced the Iow balance of the Special Projects Contingency Fund and noted the Council has directed staff to place the high school's funding request on the next agenda. He preferred going out to bid on this item and consider the funding during the budget process. Council Member Henderson commented on the Council's support of concerts and stated she is looking forward to concerts at the Civic Center Campus. She felt it would be inconsistent to change the concerts from the school site to the Civic Center Campus later on. She noted the City uses an RFP process to select consultants, contractors, artists, etc., and referenced a situation last year when an artist tried to circumvent the RFP process. She voiced concern about opening the door for similar situations if the RFP process is not followed in this matter. She commented on the possibility of using the balance in the Cultural Arts Commission budget line item and a portion of the Special Projects Contingency Fund to fund one or two concerts but stated she is hesitant to do SO, Mayor Pe~a asked if written verification on availability of the school facilities has been received. Ms. Horvitz responded that Mr. Langer has received verbal verification. In response to Mayor Pe~a, Mr. Langer confirmed the concert dates have been secured with the School District and stated he is willing to absorb the extra cost for using the indoor facilities if they are needed. Due to the confidentiality of the fees, he was not able to reveal the band costs but stated he was able to get them at a reduced rate by calling in some favors. Mayor Pe~a voiced concern about Iow attendance and commented on the importance of advertising the concerts. Mr. Langer stated promotion would be by word of mouth through various organizations. City Counci~ Minutes 7 April 16, 2002 Council Member Sniff stated he felt there is insufficient time to get the word out to the public and that it would be better to have the concerts in the fall. Council Member Henderson stated she would like some guarantee for the best possible chance for success. She wasn't comfortable with the idea of sitting outdoors on concrete or indoor on benches, and stated she didn't feel the present time is the appropriate time to do the concerts. Council Member Adolph commented on the success of past concerts, even though people had to pay, and noted the City's annual picnic is not a great success but the City continues doing them. He questioned the comparison of the music at the street fair with the concert series and the comparison of the contractor bid process with this type of event. He felt the City would be missing an opportunity if it fails to put on the concerts. Mayor Pe~a noted the successful concerts in the past were paid events, which he felt was different. He also felt the concert proposal is similar to the situation last year where an artist wanted to paint art on a sidewalk and have the City pay for it. Council Member Perkins stated he felt it's ludicrous to consider going out to bid on such an item. He supported going forward with the concerts and noted if only 200 people attend, the City will have provided a topnotch concert opportunity. He felt the grant for the high school could wait until July. He was disappointed that the Council cannot see the value in doing the concerts. Council Member Henderson spoke regarding the street fair music and concert series comparison. She noted the street fair wasn't billed as a concert but rather as a street fair with a musical component, that on many occasions had a captive audience for a significant period of time. Council Member Perkins pointed out music was used to bring in a crowd at the street fair. Council Member Henderson referred to the RFP process used to select art for the Civic Center Campus and noted artists come from the same emotional presentation as the music world. She noted the City will soon have possibly two venues for concerts but feels this proposal is premature. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to include an amount in the FY 2002/2003 budget to fund a concert series. City Council Minutes 8 April 16, 2002 Council Member Perkins asked if an RFP process was used for the street fair music. Council Member Henderson responded the City went out to bid for a contractor who developed the entire street fair. Council Member Adolph noted he wanted to budget enough money last year to handle contingencies such as this but some of the Council preferred reducing the amount and adding money later on if needed -- now the Council wants these items to be budgeted. He wasn't opposed to putting this in the budget but didn't want the Council Members changing their minds later on. Council Member Sniff stated he would support putting a significant amount in the Special Projects Contingency Fund next year. He felt the City could then have proposals, including Mr. Langer's, for a concert series and deal with it at a more opportune time. Motion carried with Mayor Pe~a voting NO. MINUTE ORDER NO. 2002-47. MOTION - It was moved by Council Members Perkins/Adolph to approve an allocation of $25,000 (funding sources to be determined by staff) for a Community Concert Series as proposed by Mr. Langer. Mayor Pe~a pointed out if $2,500 is taken from the Cultural Arts Commission budget line item and $10,000 is taken from the Special Projects Contingency Fund, there would still be a shortage of approximately $12,000. City Manager Genovese advised staff would need Council's direction regarding which line item in the budget to use for the shortage amount. Staff's recommendation, otherwise, would be to take the shortage amount out of the General Fund Un-designated Reserves. Ms. Horvitz advised grant requests totaling $9,000 will be on the May 7, 2002 agenda for consideration. Motion failed with Council Members Henderson and Sniff and Mayor Pe~a voting NO. MINUTE ORDER NO. 2002-48. Council convened in joint session with the Redevelopment Agency to take up Business Item No. 1. City Council Minutes 9 April 1 6, 2002 1. CONSIDERATION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445 RELATING TO AN OPTION AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND KSL LAND HOLDINGS, INC., PERTAINING TO THE PURCHASE OF 525 ACRES OF PROPERTY KNOWN AS "THE RANCH" AND GENERALLY BOUNDED BY THE CORAL REEF MOUNTAINS, AVENUE 52, JEFFERSON STREET, AND AVENUE 54, AND CONSENTING TO THE FUNDING THEREFOR. Frank Spevacek, of RSG, presented the background and purpose of the agreements and explained the specified funds can only be used for activities related to redevelopment. Assistant City Manager Weiss reviewed language modifications proposed by staff as follows: 1 ) in the Purchase Agreement on Page 60 - specifically itemize certain tasks (improvements to south side of Avenue 52; pro-rata share of traffic signal at Avenue 52 and Cetrina (when warranted); and continued acceptance of off-site drainage) that will become the Agency's responsibility once the property is acquired; 2) in the Temporary Right-of-Way Agreement on Pages 182-183 - allow for a six-month extension to relocate the maintenance facility, provided KSL pays a one-time $5,000 fee for the extension, also language requiring KSL to make a good faith effort to accelerate removal of the maintenance facility; 3) in the Agreement Containing Covenants Affecting Real Property on Page 138 and in the Additional Agreement on Page 213 - restrict to ownership of the hotel, the clause that provides for the covenant restrictions to go away if the hotel is sold, as opposed to future operations of the site; 3) in the Additional Agreement on Page 211 - delete "residential uses" under Recitals (D) and on Page 212 (Section 1.1) - delete "...that is/are not available to the general public..." City Attorney Jenson also recommended the following additions and/or modifications: 1 ) approval of the Option Agreement should be subject to minor clarifications or corrections approved by the Executive Director and the Agency Counsel; 2) under Section 2 of the resolution on Page 10 - include approval of the Additional Agreement; 3) under Section 26 of the Option Agreement on Page 26 - language to conform to the language in the Purchase Agreement that provides for KSL to entertain backup offers on the property during the extension period; and 4) under the Purchase Agreement on Page 55 - delete the last sentence in Section 3.3.6, and on Page 62 in the first sentence, change 5 business days to 10 business days. As for the six-month extension allowance, she advised KSL is required to use all reasonably, feasible commercial efforts to relocate their facilities and the extension is subject to termination should the City feel that KSL is not pursuing it. Additionally, the extension will cease 10 days after KSL is able to secure the permits offsite. City Counc?, Minutes 10 April 16, 2002 In response to Council Member Perkins, Mr. Spevacek confirmed the agreement provides for 250 hotel rooms and 300 condo/hotel rooms that have a maximum of 500 keys. A two-bedroom condo with two keys is considered one unit. In response to Council Member Adolph, Mr. Weiss stated it appears KSL is open to the concept of dedicating the acreage above the toe of the slope as open space. That issue is not part of this agreement and should not have any impact on the purchase price. Robert Tyler, 44-215 Villeta Drive, stated he was appalled to find out how much work has been done on this purchase consideration without any public announcement or hearing. He voiced concern that some may have the perception that this is a sweetheart deal for KSL, and stated he found it interesting that the per-acre price is above the mid point of the value range. He also felt it's interesting and inconsistent that the City is willing to accept the seller's use restrictions on the property when only a few weeks ago it felt different about Wal-Mart setting use restrictions on their existing building. He questioned how Council could rationalize not having a competitive bid process on this $42.5 million item, yet feel it's necessary for a $25,000 item discussed earlier, and why only a $5,000 penalty is imposed on KSL if they fail to move their facility on time, when the City will be penalized $212,000 every month the escrow hasn't closed. He also questioned why this has been handled in such a closed-door manner without any public awareness and wonders how the public will feel when they read about it in the newspaper tomorrow. Council Member Henderson noted property negotiations are always done in closed session, and that this item was made public over a week ago. Mayor Pe~a stated the City has been contacted by a number of people regarding this matter, with some having negative comments until the facts were learned. He noted the color of money (type of funds) used for this is different from General Fund monies. Ms. Jenson advised the proposed Option Agreement only gives the Agency the right to complete the due diligence and move forward. A joint public hearing will be held May 15, 2002, to consider the environmental documents before the Agency determines whether or not they want to proceed with the purchase. Council Member Sniff commented that the City has looked at multiple pieces of property to maximize the use of its bonding capacity and has looked for the best location to maximize income to the City. He felt this is a very positive business transaction that will benefit the City for many years. City Council Minutes 11 April 1 6, 2002 Council Member Adolph stated he was assured by staff that everything will be completed by July 2nd and that additional monthly fees will not be necessary. He supports the purchase of what he feels is the last piece of prime property in the City and has talked to Marriott representatives who are interested in having a resort hotel on a golf course. RESOLUTION NO. 2002-56 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-56 as amended (adding "Additional Agreement" in Section 2). Motion carried unanimously. Council Member Sniff noted the next Council meeting will mark the beginning of the 21 st year of City Council meetings in La Quinta, and stated he felt this decision is the biggest single decision made since incorporation. Council recessed to the Redevelopment Agency meeting. Council reconvened. 4. SECOND READING OF ORDINANCE NO. 369 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING SECTION 12.32.120 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE EXEMPTING CERTAIN COMMERCIAL VEHICLES FROM PARKING RESTRICTIONS. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 369 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None STUDY SESSION - None City Council Minutes 12 April 16, 2002 REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee -- Council Member Sniff reported the PMIO Adhoc Committee meeting has been moved to April 25th at 9:00 a.m. Chamber of Commerce Workshop/Information Exchange Committee -- Council Member Sniff stated the concept of a Business District Assessment was discussed at the last meeting but those in attendance felt it is premature at this time. Council Member Henderson stated she felt it's interesting that the businesses expect the City to continue marketing for business retention and new businesses but do not want to participate in their own future. Riverside County Planning Commission Hearings -- Council Member Henderson referenced a newspaper article regarding four scheduled public hearings by the Riverside County Planning Commission on their new General Plan. She also referenced a public meeting scheduled for April 18th at Coachella Valley High School to review the combined vision of Supervisor Wilson and the Vista Santa Rosa residents regarding a possible build-out scenario for that area. All other reports were noted and filed. Council recessed to closed session to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Lucia Moran, P. O. Box 1305, gave a brief update on the Greater Coachella Valley Soap Box Derby to be held April 20~ and invited everyone to attend. PRESENTATIONS - None City Council Minutes 13 April 16, 2002 PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CERTIFY ENVIRONMENTAL ASSESSMENT 2002-417 AND APPROVE TENTATIVE TRACT MAP 30092, AMENDMENT NO. 1, A REQUEST TO SUBDIVIDE 38.4 ACRES INTO 130 SINGLE FAMILY LOTS LOCATED AT THE NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET. APPLICANT: BARTON PROPERTIES, INC. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. City Attorney Jenson advised a resolution to deny the application has been prepared should the Council decide to take that option, and that the applicant's refusal to respond to staff's most recent request is a basis for denial. The applicant's response to the City's first letter indicated they feel the property owner's consent on the original tract map application is effective and that the City failed to notify them of an incomplete application within 30 days. She advised there is a provision that refers to an application being deemed complete but there is also a provision that allows for request of supplemental information or correction which the City feels is appropriate. Other basis for denial would be the applicant's refusal to make modifications and there are some issues in reviewing the plan and General Plan policies as to whether or not the Council can even make the findings of approval. She recommended that any denial be done on the applicant's refusal to provide the requested information and any other ground that the Council deems appropriate. In response to Council Member Henderson, Mr. Herman stated both letters from the City were faxed to the applicant. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 2002-57 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DENYING A REVISED RESIDENTIAL SUBDIVISION OF 130 SINGLE-FAMILY LOTS AND OTHER STREET, PUBLIC UTILITY, AND COMMON LOTS ON APPROXIMATELY 38.4 ACRES LOCATED AT THE NORTHWEST CORNER OF AVENUE 58 AND MONROE STREET (TENTATIVE TRACT MAP - 30092, AMENDMENT NO. I - BARTON PROPERTIES). It was moved by Council Members Adolph/Henderson to adopt Resolution No. 2002-57 as submitted. Motion carried unanimously. City Council Minutes 14 April 16, 2002 2. PUBLIC HEARING TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) GENERAL PLAN AMENDMENT 2002-084, A REQUEST TO CHANGE 10.76 ACRES OF LOW DENSITY RESIDENTIAL USE TO HIGH DENSITY RESIDENTIAL USE; 3) ZONE CHANGE 2002-084, A REQUEST TO CHANGE 10.76 ACRES OF LOW DENSITY RESIDENTIAL ZONE TO HIGH DENSITY RESIDENTIAL ZONE; AND 4) SITE DEVELOPMENT PERMIT 2002-730, A REQUEST TO ALLOW DEVELOPMENT PLANS FOR A 149-UNIT APARTMENT COMPLEX AND ANCILLARY FACILITIES LOCATED ON THE SOUTH SIDE OF AVENUE 52, EAST OF JEFFERSON STREET. APPLICANT: CLUBHOUSE ASSOCIATES, LLC. Community Development Director Herman advised of the need to continue this item to June 4, 2002, due to the continuance of the Planning Commission public hearing. MOTION - It was moved by Council Members Sniff/Adolph to continue the public hearing for General Plan Amendment 2002-084, Zone Change 2002-084, and Site Development Permit 2002-730 (Clubhouse Associates) until June 4, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-49. 3. PUBLIC HEARING TO CERTIFY AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2000-395 FOR SPECIFIC PLAN 2000-043, A REQUEST TO ALLOW REVISED DESIGN GUIDELINES AND DEVELOPMENT STANDARDS IN AN 81,907 SQUARE FOOT COMMERCIAL CENTER AT THE NORTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 111. APPLICANT: MADISON/P.T.M. LA QUINTA LLC. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. In response to Council Member Perkins, Mr. Herman stated the developer has decided not to build a three-story hotel and that all buildings will be one story except for a two-story office building that falls within the 35-foot height restriction. In response to Council Member Perkins, Principal Planner Baker advised the Planning Commission has recommended approval of the street name change provided the applicant receives written approval from the property owner on the east side of the Washington Street/Channel Drive intersection and the property owner on the south side of the Highway 111/La Quinta Plaza Shopping Center City Council Minutes 15 April 16, 2002 intersection. He stated the property owner at Channel Drive has already given approval. In response to Council Member Perkins, Mr. Herman confirmed the parking spaces will be double striped. Council Member Adolph voiced concern about how the refueling trucks for the gas station would be able to exit the property. Mr. Herman stated the deliveries may have to be limited to night hours. Mr. Baker stated the gas station plans to use smaller fuel trucks. In response to Council Member Henderson, Rick Wilkerson, the applicant, confirmed they are working out some details for the electrical at the bus shelter and that there is some question regarding the color'. Council Member Henderson stated she felt the bus shelter color should be compatible to the project and asked what would be required to address that issue. _ Mr. Herman advised the Highway 111 Corridor Guidelines can be brought back to Council for modification in order for the color to be something other than white. Council Member Henderson requested the guidelines be brought back to consider a modification to the color requirements Council concurred. Mr. Wilkerson stated they are willing to plant additional trees behind the bus shelter. They also plan to pour concrete behind the bus shelter so people can sit on the backside during the summer and they also will be using boulders with landscaping near the bus shelter. Council Member Henderson asked if the bus shelter near the Beer Hunter Restaurant is still being used. Mayor Pe~a stated he understood it will be shut down once the electrical is ready at the new bus shelter. Council Member Adolph voiced opposition to the use of the mauve color for the buildings and asked about the fountain. Mr. Wilkerson stated the current buildings under construction do not want to use mauve but the developer would like to have the option in case someone else does. He added the mauve is actually more of an eggplant color and stated the fountain will be completed in approximately three weeks. City Council Minutes 16 April 1 6, 2002 Council Member Adolph stated the two complaints he has heard about the project are "why was a gas station allowed there" and "why was the mountainside allowed to be tore up." He asked what can be done to restore the looks of the mountainside. Mr. Wilkerson stated they had a company oxidize the rock and come back out a second time to lighten it. They also plan to put bougainvilleas in the rock area if approved by staff. Council Member Adolph stated he would like to see it softened and maybe bougainvilleas will help. He also suggested signage more unique to La Quinta instead of using rocks like they have in Palm Desert. Mr. Wilkerson stated they have received a lot of compliments on the signage and he felt Council will be pleased with it once the logo and landscaping are in place. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Sniff stated he has no problem with the project and agrees the bus shelter color should be compatible with the project. He didn't have a problem with the mauve color and felt the mountainside is a minor issue. He also likes the signage. Council Member Henderson commented on the building colors of the La Quinta Court project and noted golden rust was not supposed to be orange but it is. Mr. Herman advised a condition can be added to the Point Happy Specific Plan to require the bus shelter to be painted a compatible color and include additional landscaping. He stated the Highway 111 Corridor Guidelines will be brought back to Council for modification. RESOLUTION NO. 2002-58 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO A PREVIOUSLY CERTIFIED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2000-043, AMENDMENT NO. 1 (EA 2000-395 - MADISON/P.T.M. LA QUINTA, LLC. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-58 as submitted. Motion carried unanimously. City Counci~ Minutes 17 April 16, 2002 RESOLUTION NO. 2002-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE REVISED DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR AN 81,407 SQUARE FOOT COMMERCIAL CENTER AT THE NORTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 111 (SPECIFIC PLAN 2000-043, AMENDMENT NO. 1 MADISON/P.T.M. LA QUINTA, LLC.) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-59 as amended (adding a condition to provide for additional landscaping and a compatible color for the bus shelter). Motion carried unanimously. DEPARTMENT REPORTS 6-A. REPORT ON 20TM ANNIVERSARY CELEBRATION ACTIVITIES. Council Member Henderson stated the 20th Anniversary Committee has recommended holding a dedication ceremony for the Hammer trees at the Cove Oasis on April 26th at 6:30 p.m. just prior to the star-gazing event. The Committee has also recommended Council Member Sniff do the ceremony since he knows the history of the trees. She added the family may wish to change the wording on the plaque to "In memory of Joe W. Hammer" and, if so, they will underwrite the cost. Council Member Adolph commented that Marvin Roy, a magician, has offered to be a part of the anniversary activities at the Chamber of Commerce mixer on April 25th. 2. CITY ATTORNEY REPORT. City Attorney Jenson advised a status report on the theater will be on the next agenda, and that a discussion has been held with the attorney representing the theater. 3. PUBLIC WORKS DEPARTMENT. Council Member Adolph asked about the berm height at Avenue 50 and Eisenhower Drive, specifically as it relates to the curb and sidewalk differential with the wall. City Council Minutes 18 April 16, 2002 Interim Public Works Director Stephenson explained the additional height of the wall is due to the two-foot high berm from the pad elevation in conjunction with a six-foot high wall. Staff is checking the noise study for a requirement for an eight-foot high sound barrier. He stated it appears that the additional height created by the berming at the pad elevation has created a higher look. City Manager Genovese suggested coming back with the actual drawings for the elevations. Council Member Adolph stated he was told by staff that the berm would be two feet but it is five to six feet. Mr. Stephenson stated he would bring back a report with the actual elevations that are certified to be consistent with the grading plan. Council recessed to the Financing Authority meeting. Council reconvened. Council Member Henderson stated the 20th Anniversary Committee has discussed setting a date to present Certificates of Appreciation in relation to the anniversary activities. The Committee has recommended a special meeting be held and perhaps holding it in the City Hall courtyard. Mayor Pe~a asked Community Services Director Horvitz to come back with potential dates for Council's consideration. Council recessed to Closed Session as delineated on Page 1. The City Council meeting reconvened and the City Attorney announced the City Council conducted a Closed Session on Item No. 2 and approved a settlement of the action on a 5-0 vote. The Settlement Agreement will be available in the City Clerk's Office for public review upon finalization and execution of the documents. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California