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2002 06 04 CC Minutes LA QUINTA CITY COUNCIL MINUTES JUNE 4, 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 Mayor Pe~a abstained from participating in Item No. I due to a potential conflict of interest. 1. Conference with legal counsel regarding initiation of litigation (one matter) pursuant to Government Code Section 54956.9(c). Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor PeRa led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS - None City Counc;l Minutes 2 June 4, 2002 WRITTEN CORRESPONDENCE 1. LETTER FROM DONNA WOOD REGARDING SOUND ATTENUATION - LAGUNA DE LA PAZ. Council concurred to refer the correspondence to staff. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of May 15, 2002, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of May 21, 2002, as submitted. Motion carried unanimously. CONSENT CALENDAR In regard to Item No. 3, Council Member Adolph stated he was pleased to see a better golf ball included in the list of promotion items. 1. APPROVAL OF DEMAND REGISTER DATED JUNE 4, 2002. 2. APPROVAL AND RATIFICATION OF THE CITY'S PARTICIPATION IN A DENTAL PLAN (SAFEGUARD) AS OF JULY 1, 2002. 3. ADOPTION OF A RESOLUTION ASSIGNING RETAIL VALUE OF CERTAIN CITY ECONOMIC DEVELOPMENT ITEMS. (RESOLUTION NO. 2002-77) 4. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR PROJECT LMC 99-01, LANDSCAPE AND LIGHTING MAINTENANCE FOR FISCAL YEAR 2002/2003. 5. APPROVAL OF A ONE-YEAR MAINTENANCE SERVICE AGREEMENT EXTENSION FOR STREET SWEEPING SERVICES FOR FISCAL YEAR 2002/2003, 6. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR THE ClTYWIDE LANDSCAPE MAINTENANCE CONTRACT FOR FISCAl. YEAR 2002/2003. 7. APPROVAL OF A RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. City Council Minutes 3 June 4, 2002 8. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM IN MONTEREY, CALIFORNIA, TO BE HELD JULY 24-26, 2002. 9. APPROVAL OF REQUEST BY THE UNITED STATES CONGRESS COMMITTEE ON RESOURCES TO UTILIZE THE COUNCIL CHAMBERS ON JUNE 14 AND 15, 2002, FROM 10:00 A.M. TO 12:00 P.M. FOR A SUBCOMMITTEE ON WATER AND POWER LEGISLATIVE FIELD HEARING ON "THE IMPLEMENTATION OF THE CALIFORNIA PLAN FOR THE COLORADO RIVER - OPPORTUNITIES AND CHALLENGE." MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item No. 3 being approved by RESOLUTION NO. 2002-77. Motion carried unanimously. MINUTE ORDER NO, 2002-70. BUSINESS SESSION 1. CONSIDERATION OF PROPOSALS FOR MARKETING SERVICES FOR FISCAL YEAR 2002/2003. Assistant City Manager Weiss presented the staff report. In response to Council Member Adolph, Mr. Weiss stated AL&Z Advertising is a local firm that presented a description of other products they have worked on, including a marketing program for the City of Nashville, Tennessee. He stated their experience and creativity is what stood out most in their proposal. He added staff's recommendation is not an indication of any dissatisfaction with the City's current marketing services provided by Kiner Goodsell, Inc. Council Member Sniff stated he was uncomfortable making a selection at this time and would like the Council to hear the top four proposals at an early date. He noted Council could then tailor the programs with the firm that is selected. Council Member Perkins agreed and stated he was not sure the past program is what the City needs at this time. He felt it may be time to change directions. Council Member Henderson stated the marketing plan was developed because the business community didn't feel the City was doing enough to promote the City but people are concerned now about growth. She commented on the success of the marketing plan and stated she feels the City has reached a point City Council Minutes 4 June 4, 2002 that it has a life of its own for at least a few years. She supports "in- community" marketing on issues such as a possible fire assessment and the land purchase the City is involved with. She also felt there is a need to determine if there's a marketing component in the City's involvement in events such as the Bob Hope Chrysler Classic. She didn't have a problem continuing this item to a time when Council can start addressing some of the issues and tailor the marketing program and then have proposals by the marketing firms. Mayor Pe~a asked if she was suggesting a study session format to discuss the issues. Council Member Henderson noted the marketing proposals were in response to an RFP that didn't necessarily have this direction. She added not everyone knows how to deal with marketing tax issues to the community and it's possible none of the top four firms will have the expertise needed. Council Member Sniff agreed a study session may be the appropriate format to deal with this issue and commented on the need to have a marketing firm on board as soon as possible for the new fiscal year. Mayor Pe~a stated he felt funds could be set aside for marketing without approving a program. Council Member Adolph stated he doesn't disagree with the suggestion to have the proposals brought before Council but noted the Council chose a committee for that purpose. Mayor Pe~a stated he felt the Council has shifted its thinking during the last few months. Council Member Henderson stated she didn't feel any momentum would be lost if the marketing program was set aside for a year, except for tailoring it towards the particular components that should be addressed. City Manager Genovese asked if the study session would be for the discussion of the marketing plan only or include the marketing proposals. After a brief discussion, Council concurred to schedule a study session to discuss the marketing program, prior to hearing marketing proposals. MOTION - It was moved by Council Members Sniff/Henderson to schedule a study session on June 18, 2002, to discuss a marketing program. Motion carried unanimously. MINUTE ORDER NO. 2002-71. City Council Minutes 5 June 4, 2002 2, CONSIDERATION OF A JOINT USE AGREEMENT WITH THE BOYS AND GIRLS CLUB OF COACHELLA VALLEY. Community Services Director Horvitz presented the staff report. In response to Council Member Sniff, Ms. Horvitz confirmed the only change in the proposed agreement is to remove the City's use of the facility on Sundays. Council Member Sniff stated he would like to know how the Boys & Girls Club feels about the amendment. Council Member Adolph noted this item goes "hand in hand" with Business Item No. 2. He didn't have a problem with the amendment as long as the Boys & Girls Club doesn't have a problem with it and they make the facility available to the community. Council Member Henderson noted the Boys & Girls Club can work out Sunday use with other organizations if the City releases it. Jim Ducatte, of the Boys & Girls Club of Coachella Valley-La Quinta Unit, stated he found it puzzling that the City wants to release its use of the facility on Sundays now that an organization has voiced an interest in using it that day. He stated the Board of Directors is flexible and willing to make the decision. They also wish to continue the Joint Use Agreement with the City. He personally felt the facility is for recreation and not church use but noted the Board will deal with that issue. Council Member Sniff noted the Boys & Girls Club should not feel compelled to lease the facility to the church just because the City is releasing its rights for Sunday use. In response to Council Member Sniff, Ms. Horvitz stated staff does not anticipate any need for Sunday use of the facility. Council Member Adolph noted the Senior Center is used by a church on Sundays which seems to work well. Mr. Ducatte stated he would like to have the facility open for sports seven days a week but it boils down to money. They are hoping to hold teen activities at the facility on Friday and Saturday nights. He voiced concern about other · churches wanting to use the facility if the facility is opened up to church use. City Council Minutes 6 June 4, 2002 Council Member Perkins noted Council has asked staff to increase activities for the youth and he wants to make sure the facility is available on Friday and Saturday nights for youth activities. He voiced some concern about releasing Sunday use because it's hard to get something back once you give it away. He felt the church use at the Senior Center is a thin line between government and church and stated he could not support the church using the Boys & Girls Club on Sundays unless they are willing to do it on a trial basis for three months. Council Member Sniff asked if any legal issues are involved with the church using the property since the City provides CDBG funds for the property. City Attorney Jenson advised there is no legal problem with the City leasing to a church as long as the lease is not below market lease rates, and a sublease between the Boys & Girls Club and the church would be a private issue between the two organizations. Council Member Henderson voiced support for releasing Sunday use of the facility. Mayor Pe~a stated he didn't have a problem relinquishing Sunday use of the facility and noted the City can always get it back through future negotiations of the annual contract. Council Member Adolph commented since the City is a partner in the facility he would like to know what direction the Board of Directors will take in the church's request. MOTION - It was moved by Council Members Sniff/Henderson to approve a Joint Use of Facility and Services Agreement with the Boys & Girls Club of Coachella Valley, La Quinta Unit, with the approval of the modification of City time in the Agreement and authorize staff to utilize the General Fund Account in the amount of $30,000 and CDBG Funds in the amount of $30,000 for the payments. Motion carried unanimously. MINUTE ORDER NO. 2002-72. 3. CONSIDERATION OF A FACILITY USE REQUEST BY THE JPL BIBLE CHURCH. Council Member Sniff questioned the need to take up this item given the action taken on Item No. 2. City Manager Genovese noted the City can deal with the church's request as it relates to Saturday use but not Sunday use. City Counc~l Minutes 7 June 4, 2002 Community Services Director Horvitz presented the staff report. Ron Di Grandi, representing the JPL Bible Church, stated he looks forward to discussing the facility use with the Boys & Girls Club. He commented on the church's growth and need for a larger facility and stated they are very flexible in holding their meetings. They have approximately 200 to 250 in attendance, hold family-oriented services, and are looking for land to build on to have something permanent. Council Member Henderson stated she felt it's cleaner for the church to work directly with the Boys & Girls Club instead of the City being in between. In response to Council Member Perkins, Mr. Di Grandi stated having the facility on Saturdays would help in setting up for Sunday services and they hope church growth will result in Saturday night services. Council Member Perkins commented on the possibility of working out an arrangement with the church for Saturday use, whereby the church would relocate their services maybe once a month if the facility is needed for youth activities. He stated he was comfortable with this arrangement. No action was taken. Council Member Adolph suggested Section 1.2.3 of the Joint Use Agreement be changed to read, "City may grant permits to public benefit groups .... " instead of "shall." Council concurred. 4. CONSIDERATION OF A REQUEST TO EXTEND THE TIME FOR COMPLETION OF IMPROVEMENTS FOR PARCEL MAP 29052, LUNDIN DEVELOPMENT. Interim Public Works Director/City Engineer Stephenson presented the staff report. Patrick O'Dowd, 79-285 Rancho La Quinta Drive, of T.D. Desert Development, urged denial of the extension. He stated the improvements required in the Subdivision Improvement Agreement are integral to the future of the Rancho La Quinta project, whose section of the sewer connection is near completion. In response to Council Member Adolph, Mr. Stephenson confirmed Lundin Development is responsible for extending the sewer connection to the La Quinta Jefferson Fifty Partnership project, who is then responsible for extending it to the Rancho La Quinta project. City Council Minutes 8 June 4, 2002 MOTION - It was moved by Council Members Sniff/Henderson to deny a request to extend the time for completion of improvements as specified in the approved Subdivision Improvement Agreement for Parcel Map 29052, Lundin Development. Council Member Henderson stated she felt there are too many projects tied to this sewer line to approve an extension. Mayor Pe~a noted this will start the City's clock with the development. He also expressed hope that this will help the parties come to an agreement. Mr. Stephenson stated he is optimistic the developments involved will reach an agreement but if not, development will stop. Staff is encouraging dialogue between the parties to get the issue resolved. Motion carried unanimously. MINUTE ORDER NO. 2002-73. STUDY SESSION 1. DISCUSSION REGARDING THE LA QUINTA LIBRARY CONCEPTS. Community Services Director Horvitz presented the staff report. Tom Anglewicz, architect with M. W. Steele Group, presented three floor plan concepts for the library for Council to consider, including the expansion to 20,000 square feet. He commented on the importance of strong visual orientation from the reading areas to the park and surveillance control of each library area from the circulation desk. In response to Council Member Sniff, Mr. Anglewicz confirmed the outdoor reading area in Concept A could be enclosed later on if desired. Council Member Henderson requested the architect point out which concepts are best oriented for impacts from the afternoon sun. In response to Council Member Adolph, Mr. Anglewicz confirmed the temporary walls between Phase I and II are easily removed for expansion. In response to Council Member Perkins, Mr. Anglewicz stated the Phase II areas will be carpeted during Phase 1 and will need separate entries if utilized prior to expansion. City Council Minutes 9 June 4, 2002 Mayor Pe~a expressed security concerns about the children's area being adjacent to the public meeting area. Mr. Anglewicz noted the children's areas are closer to the circulation desk in the other concepts. Council Member Henderson asked if there would be additional costs with the Concept B design. Mr. Anglewicz responded the cost would depend on the architecture. In response to Mayor PeRa, Mr. Anglewicz stated the outdoor reading areas in Concept C will be secured through some type of physical barrier or fencing. Council Member Sniff recommended a hard deck for the outdoor reading areas to provide some semblance of permanence. He also felt library space is more important to have than garden space since the Civic Center Campus is a garden itself. Mr. Anglewicz stated Concept C has the best solar orientation, as referenced earlier by Council Member Henderson. There is a large amount of glass facing the park but the outdoor reading areas provide shade for the glass. Council Member Adolph questioned the need for the two shade areas at either end of the expansion areas. Council Member Perkins concurred. Council Member Henderson noted the shade area on the southern end may be good to have if the restrooms are accessible to the park area. Council Member Adolph commented on the need for sufficient storage space for the Friends of the La Quinta Library. Council Member Henderson voiced support for Cgncept C. Council Members Perkins and Sniff agreed with Council Member Sniff stating he felt Concept C provides significant options for expansion. Council Member Adolph stated he likes Concepts A or C but feels the courtyard in Concept A is more compatible with the City Hall facility design. Mayor Pe~a stated he's leaning more toward Concept A because the singular outdoor reading area is more compatible with the City Hall facility. - Council Member Henderson noted a singular outdoor reading area is somewhat limited because it places children and adults in the same area. City Council Minutes 10 June 4, 2002 Council Member Adolph commented on the importance of having a comfortable reading area inside for adults who don't want to mix with children. Mr. Anglewicz reviewed the advantages of Concept C. He noted Concept A splits the library in two directions and complicates the visual control aspect, whereas Concept A is more contiguous. He stated the multiple reading areas in Concept C can be broken up for adult and children areas. Mayor Pe~a suggested the children and adult outdoor reading areas in Concept C be reversed. Council concurred. Mayor Pe~a noted the consensus of the Council is to support Concept C. Robert Atkins, 79-322 Cetrino, of Friends of the La Quinta Library, stated the Friends are excited about the library but would like to have more space designated for them. He also commented on the need for some type of noise abatement within the children's area. In response to Council Member Sniff, Mr. Anglewicz confirmed the library will have a lot of storage area. REPORTS AND INFORMATIONAL ITEMS Desert Resorts Regional Airport Authority -- Council Member Henderson announced the California Highway Patrol has withdrawn their request to move their helicopter. Santa Rosa/San Jacinto Mountain Advisory Committee -- Council Member Henderson stated she has draft documents on the trail system for the CVCA Plan for BLM and will distribute copies to staff for review. Fire Services Ad Hoc Committee -- Mayor Pe~a reported the ad hoc committee held an introductory meeting last Thursday and will be meeting every two weeks. The ad hoc committee will be discussing language for the measure and the Measure B Committee is looking at fund-raising efforts. City Manager Genovese added the Measure B Committee is also exploring ways to accomplish their outreach program. All other reports were noted and filed. City Council Minutes 11 June 4, 2002 DEPARTMENT REPORTS 1-A. REPORT ON SPECIAL CITY COUNCIL MEETING TO CONSIDER THE FISCAL YEAR 2002/2003 PRELIMINARY BUDGET. Council concurred to schedule a City Council meeting on June 20, 2002, at 3:00 p.m. to discuss the preliminary budget. 3-B. CITY COUNCIL SUMMER MEETING SCHEDULE. Mayor Pe~a noted Council doesn't usually meet the first meeting in September and asked about cancelling the second meeting in August. Council Member Sniff voiced opposition to cancelling two meetings. Council Member Henderson stated she has supported La Quinta being a year- round city but doesn't see any harm in eliminating both meetings. Council Member Adolph stated he will be on vacation August 20th but will come back for a meeting if something major comes up. After a brief discussion, Council concurred to cancel the August 20th and September 3rd City Council meetings. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING JULY 4TM HOLIDAY. Council Member Sniff noted the July 4th holiday is on Thursday and suggested closing City Hall on Friday, July 5th, to give City employees a four-day weekend. Council Member Perkins concurred.' Council Member Adolph commented he felt it was a nice gesture but the City is busy. He noted the City did it during the Christmas holidays. Council Member Henderson stated she understood that is what the collective bargaining process is for. She stated she also doesn't know the overall cost to let the employees have an additional holiday. Council Member Perkins asked if it would be a Meet and Confer item. City Council Minutes 12 June 4, 2002 City Manager Genovese stated he didn't feel it would be a problem getting concurrence from the La Quinta City Employees Association and noted the employees would not have an option if City Hall is closed. Mayor Pe~a stated he agrees with Council Member Henderson and noted holidays usually fall on a Monday or Friday. He suggested the matter be placed on a future agenda for consideration. Council concurred. Council Member Adolph requested staff work with the Desert Sun for better placement of the Agenda Highlights in the newspaper. City Clerk Greek stated the agenda is published in the legal section and the cost will increase dramatically if placed elsewhere. Mayor Pe~a noted the agenda is also available online. In response to Council Member Perkins, City Manager Genovese advised the cost to replace traffic signals with LED lights will be delineated in the budget. Council recessed to Closed Session to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS The Mayor and Council Members presented art awards to the following students of La Quinta Middle School whose artwork has been displayed at City Hall: Mary Lou Acosta Josh Bissonnetti Sean Dixon Nicolas Acosta Pedro Bondame Francisco Espinoza Sam Anderson lan Brown Verenice Guzman Sarah Baker Roderick Carmelo Sara Gomez Chris Battin James Cochran Marleth Guerrero City Council Minutes 13 June 4, 2002 Andy Hamry Fernando Picazo Josie Suarez Robbie Hatchett Eddie Pina Nathan Tanner Ricky Hernandez Joshua Poole Josi Ulter Jared Larsen Susy Ramirez Alicia Valdivia-Hidalgo Leslie Latta Gustavo Ramierez Kathy Valenzuela Camila Madvena Ruben Ramirez Nancy Vargas Christian Magallon Senobia Ramos Jesus Vasquez Eric Miller Vanessa Rivera Tom Whitney David Montes Erika Rodriguez Vincent Wilcox Desiree Myers Alex Sanchez Ryan Zepeda Karina Perez Eric Shok PUBLIC HEARINGS Council concurred to take up Item No. 3 at this time. 3. PUBLIC HEARING ON AN APPEAL OF A PLANNING COMMISSION DECISION ON APRIL 23, 2002, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-445 AND APPROVING CONDITIONAL USE PERMIT 2002-068 AND SITE DEVELOPMENT PERMIT 2002-733 TO ALLOW A ONE-TO-THREE-STORY, 120- ROOM HOTEL ON A 3.89-ACRE SITE LOCATED ON THE EAST SIDE OF WASHINGTON STREET, NORTH OF AVENUE 48. APPELLANT: LAKE LA QUINTA HOMEOWNERS' ASSOCIATION. Council Member Perkins abstained due to a potential conflict of interest and left the dais. The Mayor declared the PUBLIC HEARING OPEN at 7:15 p.m. Community Development Director Herman presented the staff report and Associate Planner Maga~a reviewed the site plan. In response to Council Member Adolph, Mr. MagaRa pointed out which units on Caleo Bay are two-story. Council Member Adolph asked several questions about the project that he has been asked by residents and staff responded as follows. Mr. Herman advised the current zoning designation of Regional Commercial allows a maximum height of 50 feet and the highest point on the hotel is 36 feet. He confirmed the medical facility previously-approved for this site was a City Council Minutes 14 June 4, 2002 two-story, 35-foot high building but the plan would have to be amended because a portion of the property has been sold. The maximum building height on the bank site is 30 feet and the height of the existing bed and breakfast is 28 feet. Buildings within 150 feet of Washington Street are restricted to 22 feet high unless approved otherwise in a specific plan. Parking for the project meets City standards, and staff was told by Marriott in Palm Desert that their peak occupancy from January to April was 85-90% and they experienced no parking problems. He confirmed infrastructure was installed by Spanos to accommodate storm water from this site to be drained into the lake at Lake La Quinta. The alternative would be an onsite retention basin, which would take up a majority of the parcel. He reviewed the ingress and egress along Washington Street and Caleo Bay for Lake La Quinta, the bank, the W. B. building, and the hotel project. He stated median cuts will be allowed at 1,060 feet once the General Plan is adopted, which would allow Lake La Quinta Drive to be a full-median cut but require some modification to the entrances into the La Quinta Arts Foundation and Saint Francis of Assisi Church. A traffic signal could also be installed at Lake La Quinta Drive once warrants are met. He stated there will be no exit lane into the hotel from Washington Street. Council Member Adolph voiced safety concerns about traffic slowing down on Washington Street to exit into the hotel. He asked if the School District had indicated any problems with the additional traffic, to which Mr. Herman responded NO. Mr. Herman advised staff will be coming back to Council with requests to install "no parking" signs on Caleo Bay, reduce the speed limit to 25 mph, and install additional turn-pocket striping for the commercial areas. The lighting plan for the parking lot has not been submitted but will comply with the dark sky ordinance and the parking lot light poles will be restricted to 10 feet high. Staff will review the landscaping plan for conformity to City standards. He reviewed the proposed and approved land uses surrounding the hotel project and advised no development proposals have been submitted for the vacant parcels to the north and south of the hotel. In response to Council Member Adolph, City Attorney Jenson advised State law does not protect views unless the property owner has acquired an easement for view. View rights are also not recognized in the City's General Plan and Zoning Ordinance. Council Member Adolph noted the City has a compatibility requirement for building two-story homes adjacent to one-story homes, and asked if a similar compatibility requirement would apply in this situation. City Council Minutes 15 June 4, 2002 Ms. Jenson advised the compatibility requirement is for residential only. In response to Mayor Pe~a, Mr. Herman stated the single family residential height for two-story homes in Lake La Quinta is 28 feet. Marshall Italiano, 47-785 Via Firenze, of the Lake La Quinta Homeowners Association, commented on the applicant's lack of communication with the homeowners association on the hotel plans and questioned the hotel buildings having to be so close to Caleo Bay. He voiced concern about losing his privacy due to the three-story hotel being so close to his property. He expects the hotel to be built but feels the Council has the judiciary responsibility to protect the citizens' privacy rights. He suggested reversing the location of the three-story buildings on Caleo Bay with the two-story buildings facing Washington Street and asked that no balconies be allowed on Caleo Bay. He stated Lake La Quinta has been able to resolve issues with other developments but Marriott has failed to show the courtesy of setting down and discussing the homeowners' concerns. He noted the City was able to help resolve the problems with the Spanos apartment project and urged Council to help resolve this issue. Lew Bishop, 44-645 San Onofre, Palm Desert, architect for the project, stated they have tried to orient the buildings so as not to be in direct confrontation with surrounding properties and still stay within the confines of the view corridor restrictions along Washington Street. They have also reduced the ceilings heights by one foot. In response to Council Member Henderson, Mr. Bishop confirmed a 10 to 15- minute presentation on the project was made to the homeowners association where approximately 30 to 40 people were in attendance. They answered questions and he felt the presentation went well. He pointed out how the location of the three-story building relates to the driveway into Lake La Quinta and confirmed the property directly northeast of the three-story building is vacant land. The houses south of the driveway are east of the one and two- story buildings. Bill Swank, managing member of Marriott Residence Inn, stated in an effort to be good neighbors they have increased the setbacks in all directions, included a collector street in the rear of the property to eliminate the need for guests to exit onto Caleo Bay, and designed the south building with no windows on the end units. In response to Council Member Adolph, Mr. Herman stated moving the three- story building on Caleo Bay to Washington Street would require a specific plan to amend the setbacks. City Council Minutes · 16 June 4, 2002 Council Member Adolph suggested false balconies on the three-story units to help mitigate the problem of guests looking into the back yards of surrounding properties. Mr. Swank stated balconies are an important element to the architecture and noted the buildings on Caleo Bay are set back three times the required distance. Mayor Pe~a noted the balconies actually face a vacant lot and not the existing houses. Council Member Adolph pointed out the houses are still visible from the balconies. Mr. Swank stated they are willing to construct false balconies on the three-story rooms. He noted, however, the generous amount of landscaping along Caleo Bay will help mitigate the privacy issue. Council Member Sniff suggested using wing walls on the balconies to block the view of houses across the street and Mr. Swank agreed. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:18 p.m. Council Member Henderson commented on the City's ability to utilize its property to resolve the apartment project issue but stated it does not set the tone that the City will be able to solve every problem that comes up. She was pleased the proposed height is less than the zoning allows and supports the three units having wing walls on the balconies. She didn't anticipate "no parking" on Caleo Bay being a problem. Council Member Adolph stated he also is pleased that the height of the hotel is less than allowed and he's happy to be moving forward with the project. He expressed appreciation for the developer meeting with the homeowners association and stated he hopes most of their concerns have been resolved. He feels the hotel will be an asset to the community. Council Member Sniff spoke in support of the project with the provision that: 1 ) the balconies have wing walls with sufficient size, dimension, and ambience that will restrict right-angle views; and 2) that the developer is encouraged to plant trees of sufficient size to mature reasonably fast to help obscure the view of the houses in Lake La Quinta. City Counci'. Minutes 17 June 4, 2002 Mayor Pe~a expressed appreciation for all the letters and comments received from the homeowners, and stated he shared some of their concerns. He feels, however, that the project will exceed Council's expectations and be a welcome addition to the community. RESOLUTION NO. 2002-78 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-445 PREPARED FOR CONDITIONAL USE PERMIT 2002-068 (APPEAL) AND SITE DEVELOPMENT PERMIT 2002-733 (APPEAL) (APPLICANT: SECO/SDC, LLC - APPELLANT: LAKE LA QUINTA HOMEOWNERS ASSOCIATION). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-78 as submitted. Motion carried with Council Member Perkins ABSENT. RESOLUTION NO. 2002-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION OF APRIL 23, 2002, APPROVING A ONE-TO-THREE-STORY, 120-UNIT HOTEL (MARRIOTT) ON A 3.89-ACRE SITE (CONDITIONAL USE PERMIT 2002-068 - APPLICANT: SECO/SDC, LLC - APPELLANT: LAKE LA QUINTA HOMEOWNERS' ASSOCIATION). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-79 as submitted. Motion carried with Council Member Perkins ABSENT. RESOLUTION NO. 2002-80 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S DECISION OF APRIL 23, 2002, APPROVING DEVELOPMENT PLANS FOR A ONE-TO-THREE- STORY, 120-UNIT HOTEL (MARRIOTT) ON A 3.89-ACRE SITE (SITE DEVELOPMENT PERMIT 2002-733 - APPLICANT: SECO/SDC, LLC APPELLANT: LAKE LA QUINTA HOMEOWNERS' ASSOCIATION). It was moved by Council Members Sniff/Adolph to adbpt Resolution No. 2002-80 as amended (adding a condition to require wing walls of sufficient size and dimension to be constructed on the three balconies to restrict views to the south if determined to be necessary; and adding a condition to require trees of significant size in front of the three units to further obstruct the view). City Council Minutes 18 June 4, 2002 Council Member Adolph commented on the difficulty of knowing if wing walls will be necessary until after the building is built and the possibility of portable wing walls. Council Member Sniff stated he felt an engineer should be able to determine the need prior to construction. Motion carried with Council Member Perkins ABSENT. 1. PUBLIC MEETING ON LANDSCAPE & LIGHTING ASSESSMENT DISTRICT NO. 89-1, FISCAL YEAR 2002/2003. The Mayor declared the PUBLIC MEETING OPEN at 8:25 p.m. There were no changes to the staff report as submitted and on file in the City Clerk's Office. There being no requests to speak, the Mayor declared the PUBLIC MEETING CLOSED at 8:32 p.m. MOTION - It was moved by Council Members Sniff/Henderson to receive and file the Fiscal Year 2002/2003 Preliminary Engineer's Report for Landscape & Lighting Assessment District 89-1. Motion carried unanimously. MINUTE ORDER NO. 2002-74. 2. CONTINUED PUBLIC HEARING TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL IMPACT; 2) ZONE CHANGE 2002-084, A REQUEST TO CHANGE 10.76 ACRES OF LOW DENSITY RESIDENTIAL ZONING TO HIGH DENSITY RESIDENTIAL ZONING; AND 3) 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. The Mayor declared the PUBLIC HEARING OPEN at 8:40 p.m. Community Development Director Herman presented the staff report. In response to Council Member Adolph, Mr. Herman confirmed the Iow density residential designation allows 4 units per acre and the high density residential designation allows 16 units per acre. He stated the proposed zone change will City Council Minutes 19 June 4, 2002 bring this property into conformance with the current General Plan designation of high density residential. Chuck Crookall, 160 Newport Center Drive, Newport Beach, the applicant, stated they are proposing an upscale apartment complex. Robert Craft, 1470 Jamboree Road, Newport Beach, architect for the project, reviewed the project and noted most of the buildings are less than the allowable 40-foot height restriction. In response to Council Member Perkins, Mr. Craft stated the project has 2.35 parking spaces per unit and that there are 20 third-floor units divided between four buildings. In response to Council Member Henderson, Mr. Craft stated no RV parking is provided but the project does include 35 storage units adjacent to garages. In response to Council Member Sniff, Mr. Craft stated the complex is designed for adult living and is not child-oriented. Mayor Pe~a asked about other luxury apartments the developer has built. Mr. Craft explained the apartment complex is expected to attract residents who want to live in the area without buying a house, such as widows/widowers, golf pros, and long term consultants. In response to Council Member Sniff, Mr. Craft stated the project will be built in one phase and take approximately 14 months to construct. Mr. Craft commented on the problems related to installing elevators as required by the Planning Commission. He noted sky bridges on the second and third floors will reduce the privacy of residents because people will be walking past bedroom windows and dining balconies. Each staircase has approximately 18 steps per floor. He stated 46% of the units are on the first floor, 41% on the second floor, and 13% on the third floor. According to their marketing consultant, third-floor units are an amenity and people who want them do not care about elevators. He added elevators are not in concert with the design concept they wish to implement. Council Member Sniff noted it's the developer who will suffer the consequences if the third-floor units don't rent because there are no elevators. City Council Minutes 20 June 4, 2002 In response to Council Member Perkins, Mr. Craft explained the orientation of the second and third-floor units above the garages. He stated the one-bedroom units range from 752 to 1,014 square feet and the two-bedroom units range from 1,070 to 1,300 square feet. He stated the site will accommodate 160 high density units but that is not the type of project they wish to build. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:20 p.m. Council Member Adolph stated he likes the design but has a problem with the project because of his goals to maintain open space and Iow density residential developments. He voiced concern about the eventual traffic gridlock on Jefferson Street and stated he could not support changing the zoning to high density residential. Council Member Perkins stated he also has concerns about traffic but supports the project. Council Member Henderson stated she was pleased with the upscale design and felt the elevator idea should be market driven. As for the zone change, she noted many meetings were held on the General Plan and resulted in this property being designated high density residential. She referred to comments she heard recently about the traffic on Highway 74, which some of the Pinyon Pines residents' feel is "their driveway," and noted Jefferson Street was recently improved to a six-lane facility to accommodate growth from projects such as this one. She feels the project is within the realm and is satisfied with the project. Council Member Sniff spoke in support of the project with deletion of the elevator requirement. Mayor Pe~a stated he feels there's a lack of affordable apartments for seasonal residents. He referenced the 116 apartment units behind Ralph's Market on Washington Street, as well as the Spanos Apartments on Adams Street and stated he has never noticed a traffic problem from those apartments. He shared Council Member Adolph's concerns initially but feels the project is a good solution for a difficult piece of property. He noted less than 10% of the City is designated high density residential, which is something that other agencies look at. Council Member Sniff stated he felt the high density residential designation is a major component of the City's diversity. City Council Minutes 21 June 4, 2002 Mayor Pe~a noted many projects in the City have voluntarily reduced the density of their projects. Council Member Adolph stated his traffic concern is not just with this project but with the traffic from other projects and residents south of the City that use Jefferson Street. RESOLUTION NO. 2002-81 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR ZONE CHANGE 2002-106 AND SITE DEVELOPMENT PERMIT 2002-730. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-81 as submitted. Motion carried with Council Member Adolph voting NO. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 371 by title and number only and waive further reading. Motion carried with Council Member Adolph voting NO. ORDINANCE NO. 371 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A HIGH DENSITY RESIDENTIAL DESIGNATION (ZONE CHANGE 2002-106 - CLUB HOUSE ASSOCIATES, LLC.) It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 371 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pe~a NOES: Council Member Adolph ABSENT: None ABSTAIN: None RESOLUTION NO. 2002-82 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DESIGN PLANS FOR A 149-UNIT APARTMENT COMPLEX (SITE DEVELOPMENT PERMIT 2002-730 CLUBHOUSE ASSOCIATES, LLC.) City Council Minutes 22 June 4, 2002 It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-82 as submitted. Council Member Sniff asked about the elevator requirement and Mr. Herman advised the elevations before Council for approval are without elevators. Motion carried with Council Member Adolph voting NO. 4. PUBLIC HEARING ON ENVIRONMENTAL ASSESSMENT 2002-450 AND SPECIFIC PLAN 2002-058, A REQUEST FOR CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION AND APPROVAL OF DEVELOPMENT PRINCIPALS AND DESIGN GUIDELINES FOR A COMMERCIAL COMPLEX CONSISTING OF NINE BUILDINGS ON 6 + ACRES, LOCATED ON THE SOUTH SIDE OF CALLE TAMPICO, GENERALLY BETWEEN AVENIDA BERMUDAS AND DESERT CLUB DRIVE. APPLICANT: MARVIN INVESTMENTS. Mayor Pe~a abstained due to a potential conflict of interest and left the dais. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 9:30 p.m. Community Development Director Herman presented the staff report. Council Member Adolph asked what is proposed for the La Quinta Arts Foundation building on Avenida La Fonda. Wells Marvin, 78-080 Calle Estado, Suite 201, of Marvin Investments, reviewed the site plan and stated the buildings will be constructed in three phases. The project is planned as a main street with a diversity of heights as opposed to a shopping center. He stated the Arts Foundation building is not part of this project but he has made an offer to purchase the site. He requested Condition No. 52 be deleted. He is not asking the City to subsidize the project and feels the City should take on the responsibility of designing and constructing any crosswalks on the streets. He feels the project includes every element of the Village plan that has been discussed for over 15 years, and will be the heart of La Quinta. Council Member Perkins stated he does not like mid-block crosswalks or crosswalks that are not an extension of sidewalks. He felt any crosswalks should be referred to the Traffic Committee and recommended eliminating them from this project. City Council Minutes 23 June 4, 2002 Council Member Henderson asked if the onsite pavers would be unique to the project or reflect the Village theme implemented by the City. Mr. Marvin stated the pavers will most likely pick up the City's theme. He doesn't want to build a uniform project but everything will be compatible. They will also coordinate with the City on the City's landscaping improvements on Avenida La Fonda. Council Member Henderson agreed most "true" villages are somewhat eclectic but wanted to know if the City is going to end up with two villages side by side and asked if the street lights will be the same. Mr. Marvin stated he's not thrilled with the current street lights on Calle Estado and the ones used in this project may look a little older. In response to Mayor Pro Tem Sniff, Mr. Marvin confirmed Phase I will include all of the streets, the parking lot at Avenida Bermudas and Calle Tampico, and three buildings. There being no other requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 10:02 p.m. Council Member Adolph stated he supports the project and doesn't have a problem with the little differences in the design. He supported deletion of Condition No. 52. Council Member Perkins stated he likes the project and feels it will be a benefit to the downtown area. Council Member Henderson agreed the project looks good and commented on how the recent improvements in the Village has helped this project come to pass. She didn't have a problem deleting Condition No. 52 and stated she doesn't feel the City has the climate for a "walking community." Mayor Pro Tem Sniff commented on how long it has taken to get development underway in the Village and feels the time has arrived for the Village to go forward. He supports the project and believes it will add a significant and diverse element to the Village. He concurred with deleting Condition No. 52. Council Member Adolph referenced other shopping areas in the Valley where he -- sees people walking and stated he's not convinced people will not shop in areas where they have to walk. City Council Minutes 24 June 4, 2002 RESOLUTION NO. 2002-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR SPECIFIC PLAN 2002-058 (MARVIN INVESTMENTS). It was moved by Council Members Adolph/Henderson to adopt Resolution No. 2002-83 as submitted. Motion carried with Mayor Pe~a ABSENT. RESOLUTION NO. 2002-84 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PRINCIPALS AND DESIGN GUIDELINES OF SPECIFIC PLAN 2002-058 FOR A COMMERCIAL COMPLEX (MARVIN INVESTMENTS). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2002-84 as amended (deleting Condition No. 52). Motion carried with Mayor Pe~a ABSENT. 5. PUBLIC HEARING TO APPROVE AN AMENDMENT TO SPECIFIC PLAN 99-036, A REQUEST TO CHANGE DEVELOPMENT STANDARDS FOR A PARTIALLY- COMPLETED COMMERCIAL/LIGHT INDUSTRIAL CENTER ON 36+ ACRES LOCATED ON THE NORTH SIDE OF HIGHWAY 111 BETWEEN ADAMS STREET AND DUNE PALMS ROAD. APPLICANTS: SKY WEST CORPORATE CENTER GROUP, LLC, AND CITY OF LA QUINTA. The Mayor declared the PUBLIC HEARING il3.~PE~_a~:~10:1 6 9,m Community Development Director Herman presented the staff report. Robert Wood, 25 Dewey, Irvine, representing the applicant, stated he's available to answer questions. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 10:18 p.m. City Council Minutes 25 June 4, 2002 RESOLUTION NO. 2002-85 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING REVISED DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR A MULTI-USE COMMERCIAL/LIGHT INDUSTRIAL CENTER ON 36 + ACRES LOCATED GENERALLY BETWEEN ADAMS STREET AND DUNE PALMS ROAD AND NORTH OF STATE HIGHWAY 111 (SPECIFIC PLAN 99-036, AMENDMENT NO. I - SKY WEST CORPORATE CENTER GROUP, LLC, AND CITY OF LA QUINTA). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-85 as submitted. Motion carried unanimously. Council recessed to Closed Session as delineated on Page 1. The City Council meeting reconvened and the City Attorney announced the City Council, on a 4 to I vote with Mayor Pe~a not participating, authorized the City to join in the formal comments to be submitted to the FCC on public entities' ability to charge franchise fees and regulate cable modem services. ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California