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2002 06 18 CC Minutes LA QUINTA CITY COUNCIL MINUTES JUNE 18, 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 (arrived 2:35 p.m.), Sniff, Mayor Pe~a ABSENT: None PUBLIC COMMENT - None CLOSED SESSION 1. Public Employee Performance Evaluation, pursuant to Government Code Section 54957, Council-appointed position - City Attorney. 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 Charlie Coulter, resident of The Villas, spoke regarding traffic noise on Washington Street and asked Council to extend the Montero Estates sound wall north along Washington Street to Eisenhower Drive. Bill Pierce, resident of Rancho La Quinta, commented on the increase in traffic noise on Washington Street since the living fence was removed and replaced with trees that do not abate the noise. He felt the developer should be required to install a wall to current City Codes. He has talked to the homeowners association but he feels they are controlled by the developer. Council Member Adolph stated he understood the developer was supposed to maintain the living fence. City Council Minutes 2 June 18, 2002 Mayor Pe~a advised staff will look into the matter. Rosa Marie Gonzales, Community Relations Supervisor for Imperial Irrigation District, reported liD's energy resources are more than substantial to cover peak usage this summer. She also commented on the energy conservation programs available through liD. Council Member Henderson commented on the number of letters received recently about sound walls. She noted the City has a sound wall program and Developer Impact Fee to assist in paying for sound walls and that those areas impacted by the development of the community have been identified. She requested each letter receive a written response from staff. CONFIRMATION OF AGENDA Council Member Adolph requested Consent Item No. 19 be pulled for separate action. Council Member Sniff requested Consent Item No. 9 be pulled for separate action and Council Member Henderson requested Consent Item No. 12 be pulled for separate action. MOTION - It was moved' by Council Members Sniff/Adolph to confirm the agenda as modified. Motion carried unanimously. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 4, 2002, as submitted. Motion carried unanimously. City Council Minutes 3 June 18, 2002 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 18, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT DATED APRIL 30, 2002. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2002. 4. ADOPTION OF A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE CERTIFICATES OF ACCEPTANCE FOR DEEDS OR OTHER CONVEYANCES PURSUANT TO AGREEMENTS APPROVED BY THE CITY COUNCIL. (RESOLUTION NO. 2002-86) 5. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 5, 2002. (RESOLUTION NO. 2002-87) 6. ADOPTION OF A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL ELECTION ON TUESDAY, NOVEMBER 5, 2002, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA. (RESOLUTION NO. 2002-88) 7. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PERSONNEL/RISK MANAGER TO ATTEND THE CALIFORNIA JOINT POWERS INSURANCE AUTHORITY ANNUAL RISK MANAGEMENT CONFERENCE TO BE HELD SEPTEMBER 11-13, 2002, IN SANTA BARBARA, CALIFORNIA. 8. APPROVAL OF AWARD OF CONTRACT FOR JANITORIAL SERVICES FOR CITY FACILITIES. 9. APPROVAL OF RATIFICATION OF AMENDMENT TO JOINT POWERS AGREEMENT OF PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. (See Page 19 for separate action on this item.) 10. ACCEPTANCE OF A FISCAL YEAR 2002 LOCAL LAW ENFORCEMENT BLOCK GRANT (LLEBG) AWARD IN THE AMOUNT OF $24,243 FROM THE FEDERAL BUREAU OF JUSTICE ASSISTANCE. 11. DENIAL OF CLAIM FOR DAMAGES FILED BY THE GAS COMPANY - DATE OF LOSS: OCTOBER 26, 2001. City Council Minutes 4 June 18, 2002 12. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE WASHINGTON STREET PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT 2001-02. (See Page 20 for separate action on this item.) 13. APPROVAL OF RE-APPROPRIATION OF TRANSPORTATION CONGESTION RELIEF FUNDS FOR FISCAL YEAR 2000/2001. 14. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO ADVERTISE FOR BIDS, FOR THE LA QUINTA PARK, PROJECT 2000-11. 15. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL PARCEL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 30519, SEDONA HOMES, INC. (RESOLUTION NO. 2002-89) 16. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 29623, SUNFLOWER. 17. ACCEPTANCE OF AVENUE 52 WIDENING PROJECT FROM CETRINO STREET TO JEFFERSON STREET, PROJECT 99-04. 18. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR INSTALLATION OF SIDEWALK ADJACENT TO THE LA QUINTA PARK. 19. SECOND READING OF ORDINANCE NO. 371, AN ORDINANCE RE-ZONING CERTAIN PROPERTY FROM LOW DENSITY RESIDENTIAL TO A HIGH DENSITY RESIDENTIAL DESIGNATION -- CASE NO: ZONE CHANGE 2002-106. APPLICANT: CLUB HOUSE ASSOCIATES LLC. (See Page 20 for separate action on this item.) 20. APPROVAL OF ESTABLISHING A FUND FOR ACCOUNTING PURPOSES ONLY FOR THE COACHELLA VALLEY VIOLENT CRIME TASK. 21. ADOPTION OF A RESOLUTION WAIVING PROTEST PROCEEDINGS RELATED TO ANNEXATION NO. 13 TO THE CITY OF LA QUINTA. (RESOLUTION NO. 2002-90) MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 9, 12, and 19 and with Item Nos. 4-6, 15, and 21 being approved by RESOLUTION NOS. 2002-86 through 2002-90 respectively. Motion carried unanimously. MINUTE ORDER NO. 2002-75. City Council Minutes 5 June 18, 2002 Mayor Pe~a suggested taking up Consent Item Nos. 9, 12, and 19 after the Business Session. Council concurred. BUSINESS SESSION Council concurred to take up Business Item No. 3 at this time. 3. CONSIDERATION OF WASTE MANAGEMENT OF THE DESERT'S REQUEST FOR A CPI-BASED RATE INCREASE PURSUANT TO SECTION 15.1 OF THE AMENDED AND RESTATED AGREEMENT FOR THE COLLECTION, TRANSPORTATION, AND DISPOSAL OF MUNICIPAL SOLID WASTE. Community Development Director Herman presented the staff report. In response to Council Member Henderson, Mr. Herman confirmed the contractor is aware of how the contract reads and does not dispute it. MOTION - It was moved by Council Members Sniff/Henderson to direct staff to schedule a public hearing regarding a rate increase by Waste Management of the Desert. Motion carried unanimously. MINUTE ORDER NO. 2002-76. Council concurred to take up Business Item No. 2 at this time. 2, CONSIDERATION OF APPOINTMENTS TO THE ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE, COMMUNITY SERVICES COMMISSION, CULTURAL ARTS COMMISSION, HISTORIC PRESERVATION COMMISSION, INVESTMENT ADVISORY BOARD, AND PLANNING COMMISSION. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Architecture and Landscape Review Committee: The following applicants gave brief presentations on their background and qualifications: Bill Bobbitt Thomas McGraw (Dennis Cunningham, Scott Burch, and Lynda Baker were not present.) City Council Minutes 6 June 18, 2002 Council Member Henderson commented on the difficulty of the interview process. She suggested scheduling a study session to give Council an opportunity to discuss issues such as term limits, requiring annual election of Chairs, and mandatory pre-application meeting attendance. Council concurred. Ballot No. 1 Council Member Adolph voted for Bill Bobbitt and Thomas McGraw Council Member Henderson voted for Bill Bobbitt and Dennis Cunningham Council Member Perkins voted for Bill Bobbitt and Thomas McGraw Council Member Sniff voted for Bill Bobbitt and Dennis Cunningham Mayor Pe~a voted for Bill Bobbitt and Dennis Cunningham MOTION - It was moved by Council Members Sniff/Henderson to appoint Bill Bobbitt and Dennis Cunningham to two-year terms on the Architecture and Landscape Review Committee effective July 1, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-77. Community Services Commission: The following applicants gave brief presentations on their background and qualifications: Terje "TJ" Berger Gary Calhoun (Mike Davis and Victoria St. Johns were not present.) Ballot No. 1 Council Member Adolph voted for Victoria St. Johns, Mike Davis, Gary Calhoun Council Member Henderson voted for Victoria St. Johns, Mike Davis, Gary Calhoun Council Member Perkins voted for Victoria St. Johns, Mike Davis, Gary Calhoun Council Member Sniff voted for Mike Davis and Gary Calhoun Mayor Pe~a voted for Victoria St. Johns, Mike Davis, Gary Calhoun City Council Minutes 7 June 18, 2002 MOTION - It was moved by Council Members Sniff/Henderson to appoint Victoria St. Johns, Mike Davis, and Gary Calhoun to two-year terms on the Community Services Commission effective July 1, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-78. Cultural Arts Commission: The following applicants gave brief presentations on their background and qualifications: Denise Diamond Dan Baxley Sheldon Brodsky Thomas McGraw (Lynda Baker, Donna Pillow, Edwin O'Connell, and Carolyn Hartley were not present.) Ballot No. 1 Council Member Adolph voted for Denise Diamond, Dan Baxley, Thomas McGraw Council Member Henderson voted for Dan Baxley, Sheldon Brodsky, Thomas McGraw Council Member Perkins voted for Denise Diamond, Dan Baxley, Thomas McGraw Council Member Sniff voted for Denise Diamond, Dan Baxley, Sheldon Brodsky Mayor Pe~a voted for Dan Baxley, Sheldon Brodsky, Thomas McGraw The vote was tallied and reported as Denise Diamond, Dan Baxley, and Thomas McGraw receiving the highest number of votes. MOTION - It was moved by. Council Members Sniff/Adolph to appoint Denise Diamond, Dan Baxley, and Thomas McGraw to two-year terms on the Cultural Arts Commission effective July 1,2002. Motion carried unanimously. MINUTE ORDER NO. 2002-79. (This motion was reconsidered) After a brief recess, Mayor Pe~a announced an error had been made in tallying the votes for the Cultural Arts Commission. He recommended a motion be made to reconsider that item and that a second ballot be taken. City Council Minutes 8 June 18, 2002 MOTION - It was moved by Council Members Sniff/Henderson to reconsider the previous motion appointing members to the Cultural Arts Commission. Motion carried unanimously. MINUTE ORDER NO. 2002-80. Ballot No. 2 Council Member Adolph voted for Denise Diamond, Thomas McGraw Council Member Henderson voted for Sheldon Brodsky, Thomas McGraw Council Member Perkins voted for Sheldon Brodsky, Thomas McGraw Council Member Sniff voted for Denise Diamond, Sheldon Brodsky Mayor Pe~a voted for Sheldon Brodsky, Thomas McGraw MOTION - It was moved by Council Members Sniff/Henderson to appoint Dan Baxley, Sheldon Brodsky, and Thomas McGraw to two-year terms on the Cultural Arts Commission effective July 1,2002. Motion carried unanimously. MINUTE ORDER NO. 2002-81. Historic Preservation Commission: The following applicants gave brief presentations on their background and qualifications: Leslie Mouriquand Terje "TJ" Berger Ballot No. 1 Council Member Adolph voted for Leslie Mouriquand Council Member Henderson voted for Leslie Mouriquand Council Member Perkins voted for Leslie Mouriquand Council Member Sniff voted for Leslie Mouriquand Mayor Pe~a voted for Leslie Mouriquand MOTION - It was moved by Council Members Sniff/Adolph to appoint Leslie Mouriquand to an unexpired two-year term (professional position) on the Historic Preservation Commission effective July 1, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-82. Investment Advisory Board: The following applicant gave a brief presentation on his background and qualifications: Kurt Mortenson City Counc;I Minutes 9 June 18, 2002 (Aldo Corsini and Adriana Romero were not present.) Ballot No. 1 Council Member Adolph voted for Kurt Mortenson Council Member Henderson voted for Kurt Mortenson Council Member Perkins voted for Kurt Mortenson Council Member Sniff voted for Kurt Mortenson Mayor Pe~a voted for Kurt Mortenson MOTION - It was moved by Council Members Sniff/Adolph to appoint Kurt Mortenson to an unexpired two-year term on the Investment Advisory Board effective immediately. Motion carried unanimously. MINUTE ORDER NO. 2002-83. Planning Commission: The following applicants gave brief presentations on their background and qualifications (see Page 18 for additional presentations): Jacques Abels Richard Johnson Dennis Wish Tom Kirk Allan O'Neil Robert Wilkinson Robert Tyler Leonard Bustos Rob Dawson Mayor Pe~a advised the remaining presentations will be made after the public hearings. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None City Counci~ Minutes 10 June 18, 2002 PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418; AND ZONE CHANGE 2001-100 TO CHANGE THE ZONING DESIGNATION TO LOW DENSITY RESIDENTIAL WITHIN THE CITY OF LA QUINTA SPHERE OF INFLUENCE 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 at 7:02 p.m. Community Development Director Herman presented the staff report. In response to Council Member Adolph, Mr. Herman confirmed the issue raised by an adjacent property owner as to how this project will affect her rights to spray chemicals on her crops has been resolved. Nancy Aaronson, 81-100 Avenue 53, representing the applicant, NRI-LQLP Land LLC, commented on the movement made to address concerns with this project regarding water usage, chemical spraying, and agriculture use. In reference to buffer zones, she understood it was the responsibility of adjacent properties to provide buffer zones within those properties. As for the 500-foot buffer provided by the Coral Mountain being, she understood that was an agreement between private parties and not required by the County. She requested "landscaped" be deleted from the 100-foot setback requirement since the project could end up being a street. Council Member Adolph asked if the property sale issues have been resolved. Ms. Aaronson stated they have created a joint venture and hope to close the deal by the end of the month. Council Member Henderson stated she understood Ms. Aaronson's concern that the future use of the 100-foot setback area may not correspond to a landscaped area. However, she was concerned the area may impact blow sand conditions until the future use is determined and wished to have some language to protect it from that. Mr. Herman stated the buffer will not be created until development occurs and in the meantime, any nuisance issues can be handled through other portions of the Municipal Code. City Council Minutes 11 June 18, 2002 Ms. Aaronson stated her concern is that the area not be restricted to landscaping. Council concurred to delete "landscaped" from the conditions of approval. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:14 p.m. RESOLUTION NO. 2002-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001-418 PREPARED FOR ZONE CHANGE 2001-100 AND ANNEXATION ESTABLISHING PRE-ANNEXATION DESIGNATIONS FOR 200 ACRES (NRI-LQLP LAND LLC - COUNTRY CLUB OF THE DESERT). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-91 as amended (deleting "landscaped" in the 100-foot setback requirement). Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Adolph to take up Ordinance No. 372 and waive further reading. Motion carried unanimously. Mr. Herman noted the proposed zoning designation should read, "Low Density Agricultural Equestrian Residential." ORDINANCE NO. 372 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ZONE CHANGE 2001-100 ASSIGNING A LOW DENSITY AGRICULTURAL EQUESTRIAN RESIDENTIAL DESIGNATION TO APPROXIMATELY 200 ACRES LOCATED GENERALLY AT THE SOUTHWEST CORNER OF MONROE STREET AND AVENUE 52 (NRI-LQLP LAND LLC COUNTRY CLUB OF THE DESERT). It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 372 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 City Council Minutes 12 June 18, 2002 2, PUBLIC HEARING ON: 1) CERTIFICATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT; 2) SPECIFIC PLAN 2002-056; AND 3) SITE DEVELOPMENT PERMIT 2002-731, A REQUEST FOR AN OFFICE/MEDICAL COMPLEX AND THE CONSTRUCTION OF ONE OF THE TWO BUILDINGS FOR A MEDICAL OFFICE ON 1.50 ACRES LOCATED ON THE EAST SIDE OF WASHINGTON STREET, 200 FEET NORTH OF LAKE LA QUINTA DRIVE WITHIN THE LAKE LA QUINTA PROJECT AREA. APPLICANT: WG PROPERTIES, LLC. The Mayor declared the PUBLIC HEARING OPEN at 7:18 p.m. Community Development Director Herman presented the staff report. Council Member Adolph questioned the positioning of the sidewalk and entry to the rental building. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:26 p.m. Council Member Adolph stated he likes the layout and expects that the sidewalk issue will be resolved during the construction process. Council concurred. RESOLUTION NO. 2002-92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-448, SPECIFIC PLAN 2002-056, AND SITE DEVELOPMENT PERMIT 2002-731 (WG PROPERTIES). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-92 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 16,000+ SQUARE FOOT COMMERCIAL/OFFICE COMPLEX (SPECIFIC PLAN 2002-056 - WG PROPERTIES). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-93 as submitted. Motion carried unanimously. City Council Minutes 13 June 18, 2002 RESOLUTION NO, 2002-94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR CONSTRUCTION OF A 16,000+ SQUARE FOOT COMMERCIAL/OFFICE COMPLEX (SITE DEVELOPMENT PERMIT 2002-731 - WG PROPERTIES). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-94 as submitted. Motion carried unanimously. 3. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, AND 2) TENTATIVE TRACT MAP 30378, A REQUEST TO SUBDIVIDE 89.31 ACRES INTO EIGHT RESIDENTIAL LOTS AND OTHER COMMON LOTS OF PROPERTY LOCATED AT THE SOUTHWEST CORNER OF AVENUE 51 AND MADISON STREET. APPLICANT: ROD VANDENBOS. The Mayor declared the PUBLIC HEARING OPEN at 7:28 p.m. Community Development Director Herman presented the staff report. Council Member Adolph questioned the wall placement near the entry off Bonita Trail. He also asked about the grade difference between the top of the curb and the bottom of the wall. Interim Public Works Director Stephenson stated the grade difference is approximately one foot and there is no berming under the wall. He stated the grading can be brought back should a noise study require a six-foot wall on a two-foot berm. In response to Council Member Henderson, Mr. Herman stated he did not know if the adjacent tract was conditioned to retain the citrus trees along the perimeter but that tract has expired. He added there is no condition on the proposed tract to retain the trees. As for the two-story agriculture building, he confirmed the construction was approved by the City. In response to Council Member Henderson, Rod Vandenbos, 79-110 Christian Court, the applicant, stated the property is currently enclosed with a living fence. A wall will be constructed along Madison Street and possibly around the entire project sometime in the future. He plans to retain as many of the citrus trees onsite as possible with two rows along the front of the property. He stated the wall will set back further than the Polo Estates' wall but they plan to City Council Minutes 14 June 18, 2002 coordinate the entrances. He also confirmed bonds will be in place for a sidewalk and/or multi-purpose trail along Madison Street. Council Member Adolph stated he feels the combination trail has worked out well on Madison Street at PGA West. He asked if the perimeter wall would be a decorative wall. Mr. Vandenbos stated he's looking at a Southern California Mission style for his house. He wants to match the wall to the house design but still tie into the design of existing walls. Mark Gardner, 77-899 Wolff Road, Palm Desert, of Coachella Valley Engineers, requested Condition Nos. 54-B and 57 be modified to allow a left-turn movement until full improvements are later constructed in cooperation with the City of Indio. He noted, at the Planning Commission meeting, staff stated they would be willing to wait and see what develops on the other side of the street. Mr. Herman advised a full-turn movement is inconsistent with the General Plan because the spacing is not correct for the street. In order to approve a modified turning movement, he noted a General Plan Amendment would be needed. Interim Public Works Director Stephenson stated "no left turn" signage can be used in place of the "pork chop" median cut but it would then become an enforcement issue. City Attorney Jenson confirmed a full-turn movement cannot be allowed if it is prohibited by the General Plan. Mr. Vandenbos stated they do not have a problem complying with the General Plan but are requesting the "no-left-turn" movement be restricted with signage instead of the "pork chop" design. In response to Council Member Adolph, Ms. Jenson confirmed the City does not have to require a "pork chop" design. Mr. Herman stated Condition No. 54-B can be amended to read, "In lieu of the median restriction for right-turn only, the intersection may be posted with appropriate signage limiting the movement to right-out only and the access issue may be revisited if the General Plan is amended." Council concurred with the amended language. City Council Minutes 15 June 18, 2002 George Stearns, 51-425 Madison Street, an adjacent property owner, stated he supports the proposed project and a combination trail along Madison Street. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:05 p.m. RESOLUTION NO. 2002-95 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR TENTATIVE TRACT MAP 30378 (ROD VANDENBOS). It was moved by Council Members Henderson/Adolph to adopt Resolution No. 2002-95 as submitted. Motion carried unanimously. . RESOLUTION NO. 2002-96 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN EIGHT LOT SINGLE FAMILY RESIDENTIAL LAND SUBDIVISION AND MISCELLANEOUS COMMON LOTS ON APPROXIMATELY 9.13 ACRES (TENTATIVE TRACT MAP 30378 - ROD VANDENBOS). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-96 as amended (with modified language in Condition No. 54-B as follows, "In lieu of the median restriction for right-turn only, the intersection may be posted with appropriate signage limiting the movement to right-out only, and the access issue may be revisited if the General Plan is amended."). Motion carried unanimously. 4. PUBLIC HEARING ON: 1) CERTIFICATION OF AN ADDENDUM TO EIR 232, 2) CERTIFICATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-447, AND 3) ZONE CHANGE 2002-107, TO ALLOW THE ANNEXATION OF APPROXIMATELY 640 ACRES INTO THE CITY LOCATED BETWEEN AVENUE 60, AVENUE 62, MADISON STREET, AND MONROE STREET. APPLICANT: SHEA HOMES. The Mayor declared the PUBLIC HEARING OPEN at 8:07 p.m. Community Development Director Herman presented the staff report. City Council Minutes 16 June 18, 2002 In response to Council Member Adolph, Mr. Herman stated application for a sphere of influence amendment will need to be filed for the portion of property south of Avenue 60. He then reviewed the boundaries of the proposed annexation area and confirmed The Trilogy at La Quinta is a senior residential project. Council Member Henderson asked if the other property owner on Monroe Street is supportive of the annexation, to which Mr. Herman responded he didn't know. Council Member Adolph asked about the number of lots in the project, to which Mr. Herman responded 1,203. Rich Knowland, of Shea Homes, gave a brief background on Shea Homes and stated they concur with staff recommendations. In response to Council Member Henderson, Mr. Knowland stated they have a letter of intent to acquire a 30-acre parcel adjacent to The Trilogy project. Richard Meyer, 79-421 Avenue 42, Bermuda Dunes, stated he owns property within the proposed annexation area and is supportive of the annexation. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:19 p.m. Mr. Herman advised of the need to change the zoning designation from Low Density Residential to Low Density Agriculture Equestrian Residential District. RESOLUTION NO. 2002-97 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL IMPACT REPORT NO. 232 (SCH#2000091023) PREPARED FOR ZONE CHANGE 2002-107, PRE-ANNEXATION ZONING FOR SPECIFIC PLAN 218, AMENDMENT NO. I (RIVERSIDE COUNTY ENVIRONMENTAL IMPACT REPORT NO. 232 - SHEA HOMES). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-97 as submitted. Motion carried unanimously. City Council Minutes 17 June 18, 2002 RESOLUTION NO. 2002-98 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-447 PREPARED FOR ZONE CHANGE 2002-107 (CITY OF LA QUINTA). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-98 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 373 as amended by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ASSIGNING PRE-ANNEXATION ZONING TO 640 ACRES GENERALLY BOUNDED BY AVENUE 60 ON THE NORTH, AVENUE 62 ON THE SOUTH, MADISON STREET ON THE WEST, AND MONROE STREET ON THE EAST (ZONE CHANGE 2002-107 - SHEA HOMES). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 373 as amended 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 5. PUBLIC HEARING TO CONSIDER AN AMENDMENT TO THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 9.50.055, SECOND FLOOR ADDITION WITHIN AN EXISTING UNIT IN THE RVL AND RL ZONING DISTRICTS. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. In response to Council Member Adolph, Mr. Herman stated the impact will be -- limited due to the conversion being totally within an enclosed building and located on the street-side of the building. He added there are no windows facing the back of the property. City Council Minutes 18 June 18, 2002 In response to Council Member Henderson, Mr. Herman confirmed homes in the Cove would not be allowed to add the second-story conversion due to the height restriction for homes in the Cove. He added the minimum height for the second-story habitable area is 7' 6". There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION - It was moved by Council Members Sniff/Adolph to take up Ordinance No. 374 by title and number only and waive further reading. ORDINANCE NO. 374 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING SECTION 9.50.055, SECOND FLOOR ADDITION WITHIN AN EXISTING UNIT WITHIN THE VERY LOW DENSITY (RVL) AND LOW DENSITY (RL) RESIDENTIAL ZONING DISTRICTS (ZONE CHANGE 2002-072 - CITY OF LA QUINTA). It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 374 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 BUSINESS SESSION ............ continued 2. CONSIDERATION OF APPOINTMENTS TO THE ARCHITECTURE AND LANDSCAPE REVIEW COMMITTEE, COMMUNITY SERVICES COMMISSION, CULTURAL ARTS COMMISSION, HISTORIC PRESERVATION COMMISSION, INVESTMENT ADVISORY BOARD, AND PLANNING COMMISSION. (continued) (This item is continued from Page 9. The following (additional) applicants for the Planning Commission gave brief presentations on their background and qualifications: Lawrence Rogoway Robert Sharman City Counc;i Minutes 19 June 18, 2002 (Aldo Corsini, Carol Emmons, and Robert Hoffman were not present) Ballot No. 1 Council Member Adolph voted for Jacques Abels, Tom Kirk, Rob Dawson Council Member Henderson voted for Jacques Abels, Tom Kirk, Robert Tyler Council Member Perkins voted for Jacques Abels, Tom Kirk, Robert Tyler Council Member Sniff voted for Jacques Abels, Tom Kirk, Robert Tyler Mayor Pe~a voted for Jacques Abels, Tom Kirk, Robert Tyler MOTION - It was moved by Council Members Sniff/Henderson to appoint Jacques Abels, Tom Kirk, and Robert Tyler to two-year terms on the Planning Commission effective July 1, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-84. CONSENT CALENDAR ............. continued 9. APPROVAL OF RATIFICATION OF AMENDMENT TO JOINT POWERS AGREEMENT OF PALM SPRINGS DESERT RESORTS CONVENTION AND VISITORS AUTHORITY. Council Member Sniff suggested adopting a policy whereby use of the City Attorney by the JPA would need the concurrence of the City Council. Mayor Pe~a proposed the policy apply to any JPA participation. Council Member Henderson stated she voiced concern about the utilization of the City Attorney, City Manager, and Finance Director when she was Chairperson of the JPA, which is how the proposed amendment came about. She didn't have a problem developing a policy to address the issue with all JPAs. A brief discussion ensued wherein Council concurred to direct staff to develop a policy whereby use of City Staff for JPA projects would be subject to the concurrence of the City Council. MOTION - It was moved by Council Members Sniff/Adolph to approve ratification of an amendment to the Joint Powers Agreement of the Palm Springs Desert Resorts Convention and Visitors Authority as approved by the CVA's Executive Committee on May 21, 2002. Motion carried unanimously. MINUTE ORDER NO, 2002-85. City Counc;I Minutes 20 June 18, 2002 12. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE WASHINGTON STREET PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT 2001-02. Council Member Henderson referenced previous discussions about opening the Washington Street median at Lake La Quinta Drive and asked about the possibility of coordinating that with the proposed improvements. She didn't want to delay this project. Interim Public Works Director Stephenson stated staff should be able to evaluate a southbound, left-turn opening into Lake La Quinta Drive within the time frame of the construction contract. In response to Mayor Pe~a, Mr. Stephenson stated the median design will be brought back to Council by the August 6, 2002 meeting. MOTION - It was moved by Council Members Sniff/Henderson to award a contract in the amount of $659,684 to Matich Corporation to construct the Washington Street pavement Rehabilitation Improvements, Project No. 2001-02. MINUTE ORDER NO. 2002-86. 19. SECOND READING OF ORDINANCE NO. 371. Council Member Adolph stated he can't support the ordinance because he is opposed to changing the zoning from Iow density to high density. Council Member Sniff requested future second readings of ordinances be agendized as business items. 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 adopt Ordinance No. 371 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pe~a NOES: Council Member Adolph ABSENT: None ABSTAIN: None City Council Minutes 21 June 18, 2002 BUSINESS SESSION ............... continued 1. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2002/2003. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Perkins stated he could not support the policy because of the investment percentages in LAIF and the possibility of the State being able to seize those funds. In response to Council Member Henderson, Finance Director Falconer confirmed ' Senator Battin has ~ntroduced legislation that would designate LAIF funds as city funds that cannot be taken by the State. He stated LAIF funds have never been taken by the State but have been frozen for a short period when the State budget had not been adopted. He added the courts have recently determined that the State cannot bar cities from receiving their LAIF funds. Council Member Perkins stated he doubted the SB 68 legislation would be approved. In response to Council Member Henderson, Mr. Falconer confirmed the City's LAIF percentage is at 20%. Regarding the Broker/Dealer Questionnaire, he stated it was developed by staff approximately five years ago but has not been utilized because the City has three broker/dealers on the Investment Advisory Board. Council Member Henderson questioned Item No. 7 of the questionnaire and suggested reading of the investment policy be a criteria for considering any firm. Mr. Falconer explained the questionnaire is a screening tool used at the beginning of the process to make sure the firm understands the City's philosophy. He added existing broker/dealers must certify in writing each year that they have reviewed the current investment policy. He stated S.I.P.C. is a common program that broker/dealers participate in. He also confirmed the increase from $30 to $40 million maximum investable limit in LAIF on Page 13 is for the purpose of being in conformity with what the State has done and that the City's percentage remains at a maximum of 20%. In response to Mayor Pe~a, Mr. Falconer stated the changes made to the list of Segregation of Major Investment Responsibilities was for internal control, eliminating the same person executing and confirming wire transactions. City Council Minutes 22 June 18, 2002 RESOLUTION NO. 2002-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2002/2003. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-99 as submitted. Motion carried unanimously. 4. CONSIDERATION OF THE JULY 4, 2002, HOLIDAY SCHEDULE. Assistant City Manager Weiss presented the staff report. Council Member Sniff stated he felt the extra holiday was an appropriate way to show additional appreciation of the City's employees. He noted extra holidays have been approved in the past and that this will be the only opportunity to provide an extra holiday this year since the other holidays fall on Wednesday. Council Member Henderson stated she could not support it because she doubts the cost has been figured in with the Fiscal Year 2002/2003 budget and it would need to be discussed during the budget meeting. Council Member Perkins pointed out the costs listed in the staff report are not additional costs and will be paid regardless. He totally supported the extra holiday because he feels it's an opportunity for the Council to express their appreciation to the employees. Council Member Adolph stated he didn't have a problem granting the extra holiday as long as it doesn't set a precedent for every time a holiday falls on Tuesday or Thursday. He feels it's appropriate to give extra time off at New Years and Christmas but voiced concern about other holidays that may fall on Tuesday and Thursday. He noted the City is here to provide services for the community and that can't be done when City Hall is closed. Mayor Pe~a stated the employees union did not negotiate for this holiday and he feels if an employee wants to take the day off he or she should request it. He supported keeping City Hall open. Council Member Sniff continued to support the extra holiday and noted the opportunity isn't available very often. He felt the staff report is somewhat deceptive because there are no additional costs involved. City Council Minutes 23 June 18, 2002 Council Member Henderson agreed there are no additional costs but noted the money is being spent without any benefit in return. She felt the Council has expressed their appreciation for the employees' hard work by negotiating in good faith to be good employers. As for the suggestion that this is singular in nature, she recalled this being more than the fourth time the Council has done this since she has been on the Council. Council Member Sniff noted extra holidays have been approved only three times over the last six years. Council Member Henderson stated it's difficult for her to vote for this for the same reason she doesn't support other expenditures for various commissions and grant requests. She stated the Council is bound by fiscal responsibility and some of the residents expect City Hall to be open. MOTION - It was moved by Council Members Sniff/Perkins to approve a modification to the 2002 holiday schedule and include July 5, 2002, as a paid holiday. Motion carried with Mayor Pe~a and Council Member Henderson voting NO. 'MINUTE ORDER NO, 2002-87. 5. CONSIDERATION OF ACCEPTANCE OF A DONATION OF ART PIECES FROM PACIFIC SANTA FE CORPORATION. Community Services Director Horvitz presented the staff report. In response to Council Member Adolph, Ms. Horvitz stated according to Pacific Santa Fe Corporation, the artists were notified during escrow that they would forfeit ownership of the art pieces if they didn't respond within a certain period of time. City Attorney Jenson advised the City does not have verification that the letters to the artists were sent to the correct addresses nor sufficient certainty that such notification is effective to transfer title of the artwork. She stated the City could be at risk of paying the cost of relocating the artwork and someone make a claim on it. Mayor Pe~a asked if the notifications were sent certified mail, to which Ms. Horvitz responded she didn't know. · Council Member Sniff stated he wasn't impressed with the art pieces and didn't feel the City should accept the donations without legal certainty that Pacific Santa Fe Corporation has clear title to the art pieces. City Council Minutes 24 June 18, 2002 Council Member Henderson agreed the City should have a letter from the artists releasing ownership of the art pieces before considering acceptance of the donations. She questioned how the art pieces would be refurbished and asked if the City would be able to select which art piece(s) it wants. Council Member Perkins suggested expressing appreciation but not accepting the donation. Council Member Sniff stated it was his understanding that the Arts Foundation is interested in acquiring the art pieces. City Manager Genovese stated any selection of artwork by the Council would be contingent upon receiving appropriate title as approved by the City Attorney. Mayor Pe~a and Council Member Henderson stated they liked Attachment No. 2. Council Member Sniff felt it's evident the art pieces are not very good or they would have been sold. He felt it was foolish to consider moving and refurbishing any of the art pieces. In response to Council Member Sniff, Ms. Horvitz stated she didn't know the dimensions of the art piece in Attachment No. 2. She stated the art pieces have to be removed by June 30th. Mayor Pe~a requested staff obtain additional information on the ownership of the art piece in Attachment No. 2. Mr. Genovese advised staff will come back with information, including costs to relocate and refurbish the art piece, at the July 2, 2002 meeting if the art pieces are still available. STUDY SESSION 1. DISCUSSION OF THE CITY'S ADOPTED FISCAL YEAR 2002/2003 MARKETING PLAN. Council concurred to continue this item to July 2, 2002. City Council Minutes 25 June 18, 2002 REPORTS AND INFORMATIONAL ITEMS CVAG Committee Reports - Mayor Pe~a reminded everyone the General Assembly meeting will be held June 24th at PGA West. Council Member Perkins left the meeting at 10:11 p.m. due to illness. All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PARTICIPATION IN A MONUMENT WALL IN NEW YORK CITY. Council Member Adolph stated the Rotary plans to participate in a display of banners at the Twin Towers Monument wall in New York City and asked if the Council would be interested in City participation as well. Council concurred to obtain additional information for further consideration. 2. DISCUSSION REGARDING CHANGE IN MEETING TIMES. Council Member Adolph spoke regarding the change in the meeting time for the special meeting on June 20th and requested future meeting dates and times not be changed without notifying all Council Members to the best of staff's ability of such changes. Council concurred. Council recessed to the Financing Authority meeting. Council reconvened and recessed to the Redevelopment Agency meeting. Council reconvened and recessed to Closed Session as delineated on Page 1. City Council Minutes 26 June 18, 2002 The City Council.meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California