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2002 08 06 CC Minutes LA QUINTA CITY COUNCIL MINUTES AUGUST 6, 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 Pefia ABSENT: None PUBLIC COMMENT - None CLOSED SESSION - None Council recessed to Redevelopment Agency 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 Cindy Finerty, 43-592 Via Badalona, Palm Desert, spoke in reference to Public Hearing Item No. 1 (Dutch Parent) and presented a petition in opposition to the project. She referred to letters from Mr. Greenwood and Mr. Drell of the City of Palm Desert regarding deficiencies in the traffic study, and stated she felt Palm Desert should have an opportunity to represent its citizens regarding the traffic study. She urged Council to continue the item to allow for further study. Mayor Pefia stated he spoke to Palm Desert's Mayor who said their City Council was not aware of Mr. Drell's letter. He added Palm Desert had an opportunity to comment on La Quinta's General Plan during the last two years of the update process and that La Quinta has a history of cooperating with neighboring cities. Bill Bliss, 52-155 Eisenhower Drive, spoke regarding a warning citation he received for parking his non-commercial, flatbed truck on his property. He questioned the restrictions in the City Code applying to his personal vehicle, which is less than 20 feet long and less than 8 feet high. City Council Minutes 2 August 6, 2002 Mayor Pe~a advised the matter would be referred to staff. Lucia Moran, P. O. Box 1305, reported the City was well represented at the 65th Annual Soap Box Derby in Akron, Ohio and expressed appreciation for the City's leadership in the local event. Council expressed their appreciation to Ms. Moran for her involvement in the event. CONFIRMATION OF AGENDA City Manager Genovese requested Consent Item No. 9 be pulled for separate action after discussion of Redevelopment Agency Business Item No. 2. Mayor Pe~a requested Consent Item No. 15 be pulled for separate action due to a potential conflict of interest. MOTION - It was moved by Council Members Sniff/Henderson to approve the agenda as modified. Motion carried unanimously. ANNOUNCEMENTS - None PRESENTATIONS Council Member Adolph presented a plaque from the California Integrated Waste Management Board for meeting the 50% diversion requirement. He and Council Member Henderson had accepted the awards on behalf of the City at the League of California Cities meeting. WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of July 16, 2002, as submitted. Motion carried unanimously. City Council Minutes 3 August 6, 2002 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED AUGUST 6, 2002. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY SERVICES DIRECTOR, RECREATION SUPERVISOR, AND ONE COMMUNITY SERVICES COMMISSIONER TO ATTEND THE CALIFORNIA PARKS AND RECREATION SOCIETY (CPRS) CONFERENCE IN SAN JOSE, CALIFORNIA, MARCH 19-22, 2003. 3. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK'S SECRETARY TO ATTEND A SEMINAR SPONSORED BY THE SOUTHERN CALIFORNIA CITY CLERK'S ASSOCIATION TO BE HELD IN BREA, CALIFORNIA, SEPTEMBER 19-20, 2002. 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL CONFERENCE IN LONG BEACH, CALIFORNIA, TO BE HELD OCTOBER 2-5, 2002. 5. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLY CONSTRUCTION COSTS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE CITY'S THIRD FIRE STATION, PROJECT NO. 2001-14. 6. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH DAVID EVANS AND ASSOCIATES, INC. FOR DESIGN OF THE CITY HALL EXPANSION, PROJECT NO. 2002-01. 7. ADOPTION OF A RESOLUTION ENDORSING THE PLANNING AND CONSERVATION LEAGUE'S TRAFFIC CONGESTION RELIEF AND SAFE SCHOOL BUS ACT PROPOSED AS A STATEWIDE TRANSPORTATION INITIATIVE BALLOT MEASURE. (RESOLUTION NO. 2002-121) 8. APPROVAL OF THE COMMUNITY SERVICES GRANT APPLICATION GUIDELINES. 9. APPROVAL OF AN OPTION AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND WAL-MART AS SATISFACTION OF CONDITION NO. 4(B) OF RESOLUTION 2002-40 (CONDITIONAL USE PERMIT) AND CONDITION NO. 86(B) OF RESOLUTION NO. 2002-41 (SITE DEVELOPMENT PERMIT) FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN. (See Page 27 for separate action.) City Council Minutes 4 August 6, 2002 10. APPROVAL OF: 1) LOAN FROM THE GENERAL FUND TO LA QUINTA REDEVELOPMENT AGENCY PROJECT AREA NO. 2; 2) ADOPTION OF A RESOLUTION MAKING FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445; AND 3) FINANCING AGREEMENTS BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND THE CITY OF LA QUINTA FOR PARK IMPROVEMENTS TO THE LA QUINTA COMMUNITY PARK, PROJECT 2000-11. (RESOLUTION NO. 2002-122) 11. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE LA QUINTA COMMUNITY PARK PROJECT 2000-11. 12. APPROVAL TO RENEW A PROFESSIONAL SERVICES AGREEMENT WITH TRI- LAKES CONSULTANTS TO PROVIDE CONTRACT INSPECTION SERVICES. 13. APPROVAL TO AWARD A PROFESSIONAL SERVICES AGREEMENT WITH TRI- STATE LAND SURVEYORS FOR SURVEY SERVICES FOR THE WASHINGTON STREET PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2001-02. 14. APPROVAL OF CONTRACT CHANGE ORDER NO. 3 FOR THE LA QUINTA CIVIC CENTER IMPROVEMENTS, PROJECT NO. 97-09. 15. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH CENTURY CROWELL COMMUNITIES FOR DESIGN AND CONSTRUCTION SERVICES ASSOCIATED WITH THE MONTICELLO NEIGHBORHOOD PARK IMPROVEMENTS. (See separate action below.) 16. APPROVAL OF CONTRACT CHANGE ORDER NO. 78 FOR PROJECT NO. 99- 05, PHASE I JEFFERSON STREET IMPROVEMENTS, AVENUE 54 TO HIGHWAY 111. 17. ACCEPTANCE OF BRIDGE BARRIER AND RAILING ENHANCEMENTS AT THE JEFFERSON STREET BRIDGE OVER THE ALL AMERICAN CANAL. 18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS DEPARTMENT COUNTER TECHNICIAN TO ATTEND THE CAREER TRACK MICROSOFT ASSESSMENT ADVANCED WORKSHOP TO BE HELD IN SAN DIEGO, CALIFORNIA, SEPTEMBER 12-13, 2002. 19. ADOPTION OF A RESOLUTION SETTING RULES GOVERNING THE ADMINISTRATION OF AGRICULTURAL PRESERVES. (RESOLUTION NO. 2002-123) City Council Minutes 5 August 6, 2002 20. DENIAL OF CLAIM FOR DAMAGES FILED BY OCTAVlO GONZAL£S - DATE OF LOSS: MAY 7, 2002. 21. ADOPTION OF A RESOLUTION AUTHORIZING AN EXCEPTION TO THE VEHICULAR ACCESS RESTRICTIONS SHOWN ON PARCEL MAP 28525-2, SUPER WAL-MART. (RESOLUTION NO. 2002-124) 22. ADOPTION OF A RESOLUTION APPROVING THE ALLOCATION OF 20% OF THE PROPOSITION 40 FUNDS TO THE COACHELLA VALLEY RECREATION AND PARK DISTRICT. (RESOLUTION NO. 2002-125) 23. APPROVAL OF THE INVESTMENT ADVISORY BOARD 2002/2003 WORK PLAN. 24. APPROVAL OF AN EXTENSION OF THE liD RESIDENTIAL ENERGY ASSISTANCE PROGRAM MEMORANDUM OF UNDERSTANDING. 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 and 15 and with Item Nos. 7, 10, 19, 21, and 22 being approved by RESOLUTION NOS. 2002-121 through 2002-125 respectively. Council Member Henderson spoke regarding Item Nos. 5, 11, and 15 and suggested groundbreaking ceremonies be scheduled for both the new fire station and the La Quinta Community Park. She also commented on the need to make citizens aware of the new facilities. Motion carried unanimously. MINUTE ORDER NO. 2002-100. Item No. 15 MOTION - It was moved by Council Members Henderson/Adolph to authorize the City Manager to enter into a Reimbursement Agreement with Century Crowell Communities (Monticello LLC) for design and construction services associated with the Monticello Neighborhood Park Improvements, contingent upon approval of the wording by the City Attorney. Motion carried with Mayor Pe~a ABSTAINING due to a potential conflict of interest. MINUTE ORDER NO. 2002-101. City Coun'cil Minutes 6 August 6, 2002 BUSINESS SESSION 1. CONSIDERATION OF PROFESSIONAL MARKETING SERVICES FOR IMPLEMENTATION OF THE CITY OF LA QUINTA 2002/2003 MARKETING PLAN. Assistant City Manager Weiss presented the staff report and the following marketing firms gave brief presentations: AL&Z Advertising Kiner Goodsell Advertising McLaughlin Marketing & Communications The Shepherd Group Council Member Sniff asked what one particular method of communication with citizens would each firm recommend. Responses were as follows: AL&Z Advertising website; Kiner Goodsell Advertising - television; McLaughlin Marketing & Communications - website; and The Shepherd Group - direct mail. Council Member Henderson expressed appreciation for the marketing services provided by Kiner Goodsell and stated the decision to go through this process is not a reflection on their work. She commented on the possibility that the Council may choose to change whatever marketing plan is brought before them and that each Council Member may have a different idea. She wished to see a strong emphasis over the next few years to help residents understand what growth is all about. She stated she felt economic development has a life of its own, Council Member Perkins commented on the importance of the selected firm being able to figure out what the Council majority wants and willing to take an alternate direction if the Council doesn't accept the way the firm is going. He also commented on the City's growth and stated he feels it should be controlled to the best interest of the community. He also feels residents need a better understanding of what it takes for a City to operate, and noted property tax is a small portion of the City's revenue and commercial business is needed to provide sufficient revenue for the City's services. Council Member Adolph stated he feels television is the best tool for advertising. Council Member Sniff stated he feels professional marketing services and information dissemination to citizens are two separate components. He feels the marketing component should consist of "Visit La Quinta, Shop La Quinta, City Council Minutes 7 August 6, 2002 Play La Quinta, Live in La Quinta, and Invest in La Quinta." He believes television has a broad scope and should be the prime means of marketing communication. Mayor Pe~a commented on the difficulty of reaching new and seasonal residents and getting information out to the public on growth. Council Member Sniff suggested staff be directed to break the marketing budget into two components. Council Member Henderson asked if he was suggesting the selection of two separate firms. Council Member Sniff stated he feels there is a financial and internal comfort level with having only one firm because of the flexibility it provides. Council Member Perkins agreed with selecting only one firm. Mayor Pe~a stated he believes any of the firms are capable of going in whatever direction Council decides. MOTION - It was moved by Council Members Sniff/Adolph to select Kiner Goodsell Advertising as the City's marketing and information disseminating firm and authorize the City Manager to negotiate a contract for marketing services for Fiscal Year 2002/2003. Council Member Adolph expressed appreciation to Kiner Goodsell for their representation at various City functions and for the videos they produce for the City. He said he always gives them to the School District to use to recruit good teachers. Council Member Perkins commented on the successful relationship the City has with Kiner Goodsell. Council Member Henderson stated she would not support the motion because she feels Kiner Goodsell has tried to ascertain what the Council wants and that maybe both Council and Kiner Goodsell need a break. Mayor PeSa stated he would support the motion and feels Kiner Goodsell will be able to focus Council on its approach. Motion carried with Council Member Henderson voting NO. MINUTE ORDER NO. 2002-102. City Council Minutes 8 August 6, 2002 2. CONSIDERATION OF ACKNOWLEDGMENT AREA APPLICATIONS. Community Services Director Horvitz presented the staff report. She stated the artist recommends using %-inch letters and not to include military ranks with the names because of space. Council Member Sniff stated he felt military ranks should be included. Ms. Horvitz stated the letter size can be reduced to provide enough space for the military ranks. Council Member Henderson asked how many names would fit on the memorial at %-inch letters. Council Member Perkins questioned the need to include military ranks and noted some people may have served in more than one military service. Bill Ware, the artist, advised %-inch letters would allow approximately ten times the number of veteran names currently submitted. He suggested using ¥2-inch letters and abbreviating the military ranks. In response to Council Member Perkins, Ms. Horvitz stated the names would be listed in random order. Council Member Henderson suggested Colonel Paige's name be at the top of the list and stated she had hoped the City would do something for Colonel Paige besides listing his name on the memorial. Council concurred that something additional can be done for Colonel Paige. After a brief discussion, Council concurred to use Y2-inch letters on the memorials and list names, rank, and years of service for the veterans. MOTION - It was moved by Council Members Henderson/Adolph to approve the list of veteran nominations as submitted and direct staff to proceed with the acknowledgment area monuments (including name, rank, and years of service). Ms. Horvitz advised staff has received an additional veteran nomination and asked if it should be included. After a brief discussion, Council concurred to include all qualifying veteran nominations that are submitted prior to the list being sent for engraving. Ms. Horvitz stated the list should be ready by the end of the week. Mayor Pe~a City Council Minutes 9 August 6, 2002 suggested waiting until the middle of next week to allow sufficient time for additional nominations. Robert Tyler, 44-215 Villeta Drive, suggested middle initials instead of middle names. Motion carried unanimously. MINUTE ORDER NO. 2002-103. Council Member Henderson commented on the small list of artist nominations and stated she felt it was due to the Arts Foundation not getting the word out. MOTION - It was moved by Council Members Sniff/Henderson to approve the list of artist nominations as submitted. Motion carried unanimously. MINUTE ORDER NO. 2002-104. MOTION - It was moved by Council Members Sniff/Henderson to approve the list of sport figure nominations as submitted. Motion carried unanimously. MINUTE ORDER NO. 2002-105. MOTION - It was moved by Council Members Henderson/Sniff to authorize the expenditure of Art in Public Places funds in an amount not to exceed $10,000. Motion carried unanimously. MINUTE ORDER NO. 2002-106. 3. CONSIDERATION OF A FACILITY USE POLICY FOR THE CIVIC CENTER CAMPUS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Sniff/Henderson to authorize changes to the Facility Use Policies to include the Civic Center Campus. Motion carried unanimously. MINUTE ORDER NO. 2002-107. 4. CONSIDERATION OF THE TEMPORARY ART DONATION AND ACCEPTANCE AGREEMENT WITH JOHN KENNEDY. There were no changes to the staff report as submitted and on file in the City Clerk's Office. in response to Council Member Sniff, City Attorney Jenson stated she did not see a conflict between the two provisions. City Council Minutes 10 August 6, 2002 After a brief discussion, Council concurred to delete Provision #6 for this contract only. MOTION - It was moved by Council Members Sniff/Henderson to approve the Temporary Art Donation and Acceptance Agreement with John Kennedy (Senior Center) with paragraph six removed due to the prominence of the artist. Motion carried unanimously. MINUTE ORDER NO. 2002-108. 5. CONSIDERATION OF COMMUNITY SERVICES GRANT APPLICATIONS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant request by Soroptimist International of La Quinta in the amount of $4,070 for facility use fees for Fiscal Year 2002/2003. Motion carried unanimously. MINUTE ORDER NO. 2002-109. MOTION - It was moved by Council Members Henderson/Adolph to approve a Community Services Grant request by the Veterans of Foreign Wars in the amount of $1,125 for facility use fees for Fiscal Year 2002/2003. Motion carried unanimously. MINUTE ORDER NO. 2002-110. Council Member Sniff asked if there might be a problem getting the Chamber of Commerce into something of a political nature, to which City Attorney Jenson responded, "no." MOTION - It was moved by Council Members Sniff/Henderson to approve a Community Services Grant request by the La Quinta Chamber of Commerce in an amount not to exceed $385 for facility use fees. Motion carried unanimously. MINUTE ORDER NO. 2002-111. 6. CONSIDERATION OF A TREE DONATION FOR THE CiViC CENTER CAMPUS FROM THE VETERANS OF FOREIGN WARS. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Henderson/Adolph to accept the Eisenhower Green Ash Freedom Tree donation from the Veterans of Foreign City Council Minutes 11 August 6, 2002 Wars with the tree to be planted near the Veterans Acknowledgment Area on the Civic Center Campus. In response to Council Member Sniff, Robert Tyler, representing La Quinta Veterans of Foreign Wars Post 855, stated if the tree is not suitable for this climate they are willing to provide an alternate tree. In response to Council Member Adolph, Mr. Tyler stated he understood a standard donation plaque would be placed at the tree. Motion carried unanimously. MINUTE ORDER NO. 2002-112. 7. CONSIDERATION OF AN AMENDMENT TO CHAPTER 11.96 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE TO ADD SECTION 11.96.010 PROHIBITING SKATEBOARDING, BICYCLE RIDING, AND ROLLER SKATING IN CERTAIN AREAS ON PUBLIC PROPERTY. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION- It was moved by Council Members Sniff/Adolph to take up Ordinance No. 375 by title and number only and waive further reading. In response to Council Member Adolph, City Manager Genovese stated enforcement of the regulation will be an extension of the police department's current responsibilities. Council Member Perkins noted the bike patrol can be used for patrolling the area and that this regulation will give police officers the option of issuing warnings or citations if necessary. Motion carried unanimously. ORDINANCE NO. 375 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 11.96 OF THE LA QUINTA MUNICIPAL CODE TO ADD SECTION 11.96.010 PROHIBITING SKATEBOARDING, BICYCLING, AND ROLLER-SKATING IN CERTAIN AREAS ON PUBLIC PROPERTY. City Council Minutes 12 August 6, 2002 It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 375 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 8. CONSIDERATION OF ADOPTION OF A RESOLUTION DESIGNATING SPEED LIMITS FOR CERTAIN LOCAL STREETS. Council Member Perkins requested this item be continued to September 17, 2002, to provide additional time for review of the data contained in the staff report. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to continue this matter (consideration of a resolution designating speed limits for certain local streets) to September 17, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-113. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS League of California Cities-Riverside Division -- Council Member Henderson reported she has information available for review regarding the work being done by the Grassroots Network Advisory Committee. CVAG Executive Committee -- Council Member Sniff stated there was some discussion at the last meeting about cities sharing street sweeping equipment after heavy winds and that an agreement to that effect is being worked on. Riverside County Desert Library Zone Advisory Board -- Council Member Henderson stated there's a lot of concern about how the State budget may affect library funding but she doesn't anticipate any changes for La Quinta. -X- * ~ -~ * ~ -)(- -K- * -X- -~ All other reports were noted and filed. City Council Minutes 13 August 6, 2002 DEPARTMENT REPORTS City Manager Genovese introduced Tim Jonasson, the new Public Works Director, and welcomed him to the City. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Adolph stated he met with a representative of the food markets union who has major concerns about how the Wal-Mart Superstore will affect other food markets in the area. He stated the representative will be forwarding some information and would like to make a presentation to Council on their concerns. Council Member Perkins stated he didn't have a problem receiving information but would not support a presentation being made to Council. Council concurred. In response to Council Member Perkins, City Manager Genovese stated there is nothing to report at this time on the status of improvements to the Indio Animal Shelter. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None City Council Minutes 14 August 6, 2002 PUBLIC HEARINGS 1. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-454; 2) GENERAL PLAN AMENDMENT 2002-086 AND ZONE CHANGE 2002-109 TO REMOVE 26.12± ACRES OF OFFICE COMMERCIAL (0) AND ADD 20.14 ± ACRES TO HIGH DENSITY RESIDENTIAL (HDR), 1.75± ACRES TO COMMUNITY COMMERCIAL (CC), AND 4.23± ACRES TO COMMERCIAL PARK (CP); 3) SPECIFIC PLAN 2002-059 TO ALLOW MORE UNITS THAN THE PERMITTED DENSITY AND A LESSER SQUARE FOOTAGE REQUIREMENT FOR 24 STUDIO APARTMENTS; 4) TENTATIVE TRACT MAP 30550 TO SUBDIVIDE 77.44 ± ACRES INTO SEVEN NUMBERED LOTS AND FOUR LETTERED LOTS; AND 5) SITE DEVELOPMENT PERMIT 2002-740, A REVIEW OF DEVELOPMENT PLANS FOR A 217-UNIT APARTMENT COMPLEX ON LOT 3, FOR PROPERTY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND FRED WARING DRIVE. APPLICANT: MARK CARPENTER & THE CASEY GROUP/DUTCH PARENT. The Mayor declared the PUBLIC HEARING OPEN at 7:22 p.m. Community Development Director Herman and Associate Planner Maga~a presented the staff report. In response to Council Member Adolph, Mr. Herman advised there are no affordable housing units proposed in this project. In response to Council Member Henderson, Mr. Maga~a confirmed the buildable project area is 77.44 acres· Council Member Henderson noted the Council is not compelled to approve the applicant's request to eliminate the Office zoning and increase the High Density Residential (HDR) zoning by 20.20 acres on property north of Darby Road. She also noted the combined acreage of Parcels 2 an 3 would be an increase of only · 12 acres. She asked how a single use for the Commercial Park zoning could be secured. Mr. Herman stated a single use can be secured by limiting the property to that particular use within a specific plan. He added a specific plan has been submitted for a self-storage facility and is expected to come before Council in two to three months. Should the application be withdrawn, the City could process its own specific plan to limit the use or could change the zoning. City Council Minutes 15 August 6, 2002 In response to Council Member Henderson, Mr. MagaSa confirmed the project is conditioned to install a traffic signal at Washington Street if Darby Road is realigned with the Tucson development across the street, and Palm Royale would be restricted to right-in, right-out at Washington Street. Additionally, at build-out, a traffic signal will be installed at Palm Royale and Fred Waring Drive, which will also provide access to the Bella Vista development. Council Member Henderson asked if the traffic signal could be required at 50% occupancy, to which Mr. Herman responded, "yes." She pointed out the traffic signal Southwest Community Church is required to install on Fred Waring Drive will help the Desert Breezes development. She commented on the possibility of realigning Palm Royale with the entrance to Desert Breezes but felt it would be hazardous to have another traffic signal so close to Fred Waring. Mr. Herman confirmed the City's General Plan would not allow a traffic signal that close to the signal at Fred Waring and Washington Street. He didn't know if Palm Desert's General Plan would allow the signal. In response to Council Member Henderson's questions about the building heights, Mr. MagaSa stated the maximum building height proposed for the project is 37 feet and the current allowable height is 40 feet. The maximum height proposed for the two-story buildings is 28 feet, 9 inches. Mr. Herman advised the maximum height allowed for single family residential units is 28 feet. Council Member Henderson stated she would like to see some deviation to the roof line height. Council Member Adolph asked about the width of the retention basins between the U-shaped apartments, to which Mr. Maga~a responded 80 feet. In response to Council Member Perkins, Mr. Maga~a stated only the two-story units have garages, with the garage being the first story. Mike Rowe, representing Dutch Parent, reviewed the history of the site and the applicant's reasons for requesting the zone change. He noted the self-storage facility would serve as a buffer to the Bella Vista development and that the traffic study shows the proposed zoning as a less-intense use than the existing zoning. They are not opposed to speeding up the process for installing traffic signals, especially at Darby Road. He wished to discuss how the project could be better from a design aspect instead of focusing on zoning and traffic issues that are already a part of the existing plan. City Council Minutes 16 August 6, 2002 In response to Council Member Adolph, Mr. Rowe stated the "existing" plan is conceptual only and has not been approved but the zoning and general plan land uses have been approved. Paul Casey, 5521 Hunter Street SW, Lakewood, Washington, Principal Architect with The Casey Group and representing the applicant, referenced a newspaper article regarding the need for quality apartments and noted this project will help meet the increasing rental housing demands. In response to Council Member Henderson, Mr. Casey stated access to the gated apartment complex would be through a key card or remote control system. He confirmed the apartment complex will have 24-hour, onsite management and may include camera monitoring. Mr. Casey reviewed the design layout and noted they have reduced the ridge line to a maximum of 32 feet. They have also reduced the density from 217 to 208 units by eliminating the studio apartments. He pointed out the proposed layout provides a buffer of approximately 400 feet between the existing single family development and the proposed apartment complex. Council Member Adolph referenced Mr. Casey's statement about the need for more apartments and asked if he knew what the occupancy rate is for the "barracks-type" apartments on Washington Street in Bermuda Dunes. Mr. Casey stated he didn't know but felt the key word in the newspaper article was "quality" apartments. He stated the applicant is targeting young professionals and working families that want a quality place to live but don't have the cash equity to purchase a home. Council Member Adolph voiced concern about overbuilding. Mr. Casey stated if the demand is not there, the project will not be built. Kay Wolff, 77-227 Calle Ensenada, questioned why the City would consider a zone change to high density when it cannot afford adequate fire and paramedic services for current residents. She voiced opposition to recent zoning and general plan changes in the recent General Plan update and to the approval of too many discount stores, fast food restaurants, and gas stations along Highway 111. She feels the City's charm, views, and quality of life are being chiseled away instead of protected. She encouraged the Council to listen to the residents who oppose this project instead of listening to the developer. Patty Johnson, 78-195 Crimson, President of the Palm Royale Homeowners Association, submitted a petition and voiced strong opposition to the project. City Council Minutes 17 August 6, 2002 She didn't feel three-story apartment buildings, diced-up land parcels, and three times the number of high density dwellings called for in the existing General Plan, exemplifies what the residents expect for the City. They are opposed to a disproportionate percentage of high density housing being concentrated in this area. She wished to see the City's entrance at Washington Street and Fred Waring Drive reflect the same welcoming beauty seen elsewhere in the City, and urged Council not to approve the zone change. Robert Burmah, 78-640 Saguaro Drive, voiced concern about traffic congestion and suggested the land be used for single family homes in the $300,000- ~350,000 range. He also voiced opposition to the architectural design of the buildings. Loren McGuire, 78-732 Siena Court, stated he has been asked to speak in opposition to this project on behalf of 45 residents. He questioned why 50% of the City's high density zoning, 65-75% of the City's Commercial Office zoning, and approximately 60% of the City's Community Commercial zoning is in north La Quinta and suggested the zoning be reviewed before looking at projects. He asked who approved the traffic report findings and what are his/her credentials? Why has the developer suddenly asked to withdraw special plans? Is any housing money involved, and has the School District issued a Letter of Intent for Lot 1. He stated the residents want to see a specific plan for the entire site. He noted Commercial Park zoning allows auto parts stores, repair facilities, car washes, warehouses, and heavy commercial uses, which are inappropriate uses next to residential properties. He questioned why additional access points would be considered on Washington Street between Fred Waring Drive and Darby Road when the General Plan states they should be controlled and limited. He also questioned the accuracy of the traffic study and the need for more apartments. He presented petitions in opposition to the project and referenced the General Plan policies read earlier by Ms. Finerty. He requested a new traffic study be done and certified by the City. He noted in 1995 a suggestion was made to use a mini park as a buffer between the high density and single family residential uses. He urged Council to deny the project and to consider re-zoning north La Quinta in a fair and equitable manner. Ernie Brazil, 44-400 Buttercup Lane, questioned why the developer didn't meet with surrounding property owners until July 31 st, and why he preferred a denial by the Planning Commission as opposed to a continuance. He understood the developer proposes to combine an 8-foot wide bike lane, 9-foot wide sidewalk, and landscape area into a 9-foot wide area. He questioned why the public hearings were held while so many residents are away, and voiced concern about noise levels associated with high density residential apartments. He didn't see any compelling reasons to change the zoning or general plan, and noted City Council Minutes 18 August 6, 2002 government is from the people to the leaders, not from the leaders to the people. Bob Alcala, 51-470 Avenida Carranza, spoke against the zone change and questioned how the traffic could be higher by not doing anything than it would be with the apartments. He also voiced concern about additional traffic signals on Washington Street. Bridget Zappia, 78-557 Torino Drive, stated she feels the proposal is in complete opposition to the concerns raised by residents at a Council meeting in 1995. She noted at that time Mr. Rowe suggested a retention basin or mini park be used to separate the high density and Iow density uses with no consideration for a commercial park. She made several references to the minutes of the 1995 Council meeting and stated she didn't feel anything had changed. She urged Council to vote against the proposal. Dominic Zappia, 78-557 Torino Drive, commented on the responsibility of the Council to represent the citizens of the community and not the developers, and the difficulty of getting consistent public information from City staff in a timely manner. He questioned why Council would consider a high density project that would have detrimental impacts on the area, and urged them to do what is best for the community. Mike Loconte, 20 Tucson Circle, Palm Desert, stated he feels approval of the proposal would result in undue concentration of high density along Washington Street. He understood the project would allow construction of up to 700 units, doubling the City's high density residential, and he didn't feel that was rational. He suggested the property be used for single family homes. Ann Marie Loconte, 20 Tucson Circle, Palm Desert, stated she felt addition of apartments in this area would be an unfair burden on the community given the number of apartments already in existence. She felt the property should be re- zoned to single family residential to match existing conditions, and that a quality and sensible project should be planned for this area. Should the project be approved, she requested their homeowners association be included in the design and landscaping review phase and that the project be conditioned to lower the roof line. She urged Council to consider the comments of Palm Desert city staff regarding the increase in traffic and to, at the very least, consider re-zoning Lots 1 and 2 to single family residential. George Maddox, 43-687 Avenida Alicante, Palm Desert, voiced concern about traffic and commented on the difficulty of turning left onto Washington Street from Desert Breezes. He also questioned the accuracy of the traffic study. City Council Minutes 19 August 6, 2002 Marthalynn Maurras, 84 Sedona Court, Palm Desert, questioned the requested zone change being consistent with the general goals, objectives, and policies of the General Plan. She feels the project will create conditions materially detrimental to the health, safety, and general welfare of the public because of the increased traffic and additional burden on fire, police, and schools. She questioned the zoning being suitable or compatible with adjacent land uses, and encouraged Council to deny the zone change. Wayne Cribb, 43-768 Via Palma, Palm Desert, stated approval of the zoning would ultimately allow 745 apartment units. He was opposed to the project being fast-tracked and to the public hearing being held during summer when many residents are away. He feels the project would be a losing situation for surrounding properties and that a "Marriott-type" resort hotel would be better suited for the property. He urged Council to deny the project and to determine what is needed to develop this property in a more-favorable manner for surrounding properties. Lloyd Ault, 43-548 St. Kitts Court, Palm Desert, voiced concern that the developer will come back with a request to put in more units per acre if the zoning is approved. He questioned the need for high density apartments and asked Council to take another look at the entire area. Al Cagney, 43-636 Via Marjorca, Palm Desert, referenced a meeting held July 31 st between the developer and the Desert Breezes Board of Directors where he understood Mark Moran, who was introduced as Mike Rowe's political consultant, received a phone call from Council Member Henderson wanting to know how the meeting was going. He wished to make sure there is no perceived conflict of interest and requested this project be placed on hold. Sherry Trevor, 43-516 Via Magellan, Palm Desert, voiced opposition to the project and concern about increased traffic. She feels the project will have significant adverse impacts on the area, including the property values of surrounding properties. She asked Council to consider the residents' concerns and to deny the zone change. Judith Mandel, 43-686 Via Montego, Palm Desert, commented on the difficulty of estimating traffic from the apartments since there is no way of knowing how many people will live in each unit. She stated when the property was previously re-zoned, residents were told the zoning was unimportant and could be brought back to Council. She asked that the zoning be changed back to single family residential. City Council Minutes 20 August 6, 2002 Alan Klugman, 64 Tempe Trail, Palm Desert, referenced the number of vacant offices and strip malls along Washington Street and questioned why the rush to make this land use decision. He encouraged Council not to change the zoning and to take a hard look at a proposal that will deal with the entire area. Emily Hemphill, of Seizer, Ealy, & Hemphill and representing Mike Carpenter, noted new apartment projects are usually met with a "not-in-my-backyard" attitude. She referenced an email sent to the City by a resident who stated, "they didn't buy a $200,000 home to be located next to a Iow-income property for those who want to be in the area but cannot afford it." She felt that type of sentiment sends a message that the price of living in La Quinta is $200,000. She noted the law requires each City to provide an appropriate amount of land for all income classifications. She stated the three high-density-zoned locations in the City do not come close to meeting the need for a City this size, and noted the City's housing specialist indicates the City has not met all of its housing objectives in terms of providing the full range of affordable housing. She feels the Council must respond to people who have a right to decent housing regardless of income, and noted the proposed apartments are not Section 8 units nor "barracks-type" apartment buildings. As for those who feel a plan for the entire site should be submitted before any approvals are given, she noted the Snellenberger project (Bella Vista) wouldn't exist if that was the case because it was a part of the original conceptual plan. Robert Tyler, 44-215 Villeta Drive, voiced safety concerns about southbound traffic turning left across northbound lanes to enter the project. David Alford, 78-675 Colin Circle, voiced opposition to a Iow-cost housing development being allowed near his property and urged Council to never consider such a project in that area. Mayor Pe~a suggested such arguments be voiced to the State Legislature since they are the ones who mandate cities provide affordable housing. Brett Morris, 84 Sedona Court, Palm Desert, stated he understood the need for affordable housing but didn't understand why apartments have to be built on this site. He didn't feel it's a "not-in-my-backyard" attitude but rather an over- saturation because there are other areas in the City where the apartments could be built. He felt commercial offices/businesses would create less traffic and he urged Council to consider the concerns of surrounding property owners. Myra Bryd, 45-582 Messina Court, voiced concern about increased traffic, noise, crime, and over-crowding of schools, as well as decreases in property 'values. She urged Council to deny the project. City Council Minutes 21 August 6, 2002 There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9.54 p.m. Council Member Perkins commented on the number of people in attendance at the public hearing, and his responsibility to represent the citizens He has concerns about placing another traffic signal on Washington Street but otherwise feels it is an excellent project. He doesn't agree with the speakers but will support their requests and vote against the zone change. Council Member Henderson pointed out if this was a political decision, the Council would simply agree with the speakers and not look at all the aspects of the project. She has suggested, as a possible talking point, leaving a significant portion of this as Office and only looking at potentially 25.96 acres as HDR. As for the impact 25.96 acres of HDR will have on the properties to the east, she is not sure if it's better to leave it or consider part of the proposal as it was being presented. She wished to leave that on the floor for discussion. She asked staff to explain the Regional Housing Needs Assessment (RHNA) numbers the City is required to meet. Mr. Herman advised the RHNA number the City must provide between 1998 and 2005 is 915 units, with a percentage of those units being very-low, Iow, and moderate-income units. He stated the City also has a housing element, that is currently being updated and must be certified by the State. The State looks at the balance of housing types and needs throughout the community, and will not approve the housing element if it doesn't agree with the policies within the housing element. Additionally, the City is required to have approximately 1,600 housing units in its redevelopment project by 2004 and will be short 500-600 units. He stated the City is trying to achieve the number of units mandated by the State, both in the housing element and by redevelopment law. Council Member Henderson commented on the penalties and consequences the City could suffer if it fails to meet the State mandates. She didn't feel a hotel would be an appropriate use on the property and wasn't sure single family homes would sell on the property because of the traffic and noise impacts. Council Member Adolph noted the City is not required to place a HDR zoning designation on any "particular" property. He stated he cannot support a seven- lot parcel of land without some type of specific plan for the entire site, and he does not support high density in residential areas because of crime and traffic. His goal since he has been on the Council is more open space and no re-zoning of Iow density to high density. He doesn't see the viability of a three-story building without elevators and is opposed to the visual impact. He noted apartments and storage facilities provide minimal tax revenue to the City, and City Council Minutes 22 August 6, 2002 the apartment tenants will most likely shop in Bermuda Dunes or Palm Desert instead of La Quinta. He commented on the number of people opposing the project and stated he would support them 100% by voting against it. Council Member Sniff commented on the importance of the Council listening to the residents' concerns and addressing the issue of traffic. He noted he previously urged the retention of Adams Street between Avenue 48 and Avenue 52 because of traffic but the Council did not support him on that issue. He feels the traffic issue is going to get tougher and that the City needs to do everything possible to facilitate the access and mobility of its residents. He was willing to refer the project back to the Planning Commission for reconsideration but would otherwise vote against it. Mayor Pe~a stated he feels the Council's decisions are based on facts in the best interest of the entire City, and noted it's difficult to undo misinformation that precedes a development. He feels the developer has done a good job trying to make this a better project. He noted the City has worked on the General Plan for over two years and has received very few comments, and none from neighboring cities, on this particular property. He referenced his earlier comments encouraging residents to contact their State representatives to let them know the mandates placed on the City are unreasonable. He also commented on the City's efforts to try to balance its various housing and revenue needs. Council Member Henderson stated she didn't disagree with what has been said but doesn't feel anything has been solved because the developer has the right to come back with a project on the 26 acres already zoned high density residential. She wished to see some consideration given to using like-acreage for like-acreage and noted it would have a lower impact on the Bella Vista development. Council Member Sniff reiterated his suggestion to refer this back to the Planning Commission. MOTION - It was moved by Council Member Sniff to refer this item back to the Planning Commission. Motion failed for lack of a second. MOTION - It was moved by Council Members Sniff/Adolph to deny the applications filed by Mark Carpenter & The Casey Group/Dutch Parent. Motion carried unanimously. MINUTE ORDER NO. 2002-114. City Council Minutes 23 August 6, 2002 2, PUBLIC HEARING ON: 1) CERTIFICATION OF AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 2001-435; 2) APPROVAL OF TENTATIVE TRACT MAP 30331, AMENDMENT NO. 1; 3) REQUEST TO SUBDIVIDE 5.1 _+ ACRES INTO 12 SINGLE FAMILY AND OTHER COMMON LOTS LOCATED ON THE NORTH SIDE OF AVENUE 50, APPROXIMATELY 1,262_+ FEET WEST OF JEFFERSON STREET. APPLICANT: SANTA PROPERTIES AND DEVELOPMENT, LLC. The Mayor declared the PUBLIC HEARING OPEN at 10:35 p.m. Community Development Director Herman presented the staff report. Council Member Adolph asked staff to verify that sufficient distance exists between the project entrance and the entrance to the tract to the east. Mr. Herman's response was inaudible. Mick Santa, 49-105 Casa Del Rio, of Santa Properties, stated he was available to answer questions. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 10:40 p.m. RESOLUTION NO. 2002-126 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING AN ADDENDUM TO A MITIGATED NEGATIVE DECLARATION (EA 2001-435) PREPARED FOR TENTATIVE TRACT MAP 30331, AMENDMENT NO. 1 (SANTA PROPERTIES AND DEVELOPMENT, LLC.) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-126 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-127 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 5.1 __ ACRES INTO 12 SINGLE FAMILY RESIDENTIAL (FORMERLY SEVEN SINGLE FAMILY LOTS) AND OTHER MISCELLANEOUS LOTS ON THE NORTH SIDE OF AVENUE 50 APPROXIMATELY 1,262 FEET WEST OF JEFFERSON STREET (TENTATIVE TRACT MAP 30331, AMENDMENT NO. 1 - SANTA PROPERTIES AND DEVELOPMENT, LLC.) It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-127 as submitted. Motion carried unanimously. City Council Minutes 24 August 6, 2002 3. PUBLIC HEARING ON: 1) CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 2002-442; 2) APPROVAL OF TENTATIVE TRACT MAP 30487, A REQUEST TO SUBDIVIDE 9.78 ACRES INTO 33 SINGLE FAMILY AND OTHER COMMON LOTS LOCATED ON THE NORTH SIDE OF AVENUE 58 APPROXIMATELY 0.3 MILES WEST OF MADISON STREET. APPLICANT: SANTA ROSA DEVELOPMENT. The Mayor declared the PUBLIC HEARING OPEN at 10:44 p.m. Community Development Director Herman presented the staff report. In response to Council Member Perkins, Mr. Herman confirmed the cul-de-sac is sufficient size for fire services. Council Member Adolph commented on the impressiveness of the entrance and asked if there would be sidewalks within the development, to which Mr. Herman responded no. In response to Council Member Henderson, Mr. Herman confirmed the entrance will be somewhat redesigned to accommodate a gated entry. In response to Council Member Perkins, Mr. Herman stated the street width is 50 feet. David Bruduik, representing Santa Rosa Development, reviewed some of the revisions on the new map, including the entry design, and noted the emergency access has been moved to the east side of the project to line up with the future project to the east. He stated they plan to build a common wall between the two projects but have matching landscape along the frontage. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 10:49 p.m. RESOLUTION NO. 2002-128 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2002-442) OF ENVIRONMENTAL IMPACT FOR TENTATIVE TRACT MAP 30487 (SANTA ROSA DEVELOPMENT, LLC). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-128 as submitted. Motion carried unanimously. City Council Minutes 25 August 6, 2002 RESOLUTION NO. 2002-129 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 9.78+_ ACRES INTO 33 SINGLE FAMILY AND OTHER COMMON LOTS FOR VACANT PROPERTY LOCATED ON THE NORTH SIDE OF AVENUE 58, APPROXIMATELY 0.3 MILES WEST OF MADISON STREET (TENTATIVE TRACT MAP 30487- SANTA ROSA DEVELOPMENT, LLC). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-129 as submitted. Motion carried unanimously. 4. PUBLIC HEARING ON CONSIDERATION OF A ONE-YEAR EXTENSION OF TIME, CONDITIONS, AND MAP AMENDMENTS FOR TENTATIVE TRACT MAP 29436, A SUBDIVISION OF 169 SINGLE FAMILY LOTS ON 75.83 ACRES LOCATED NORTH OF EISENHOWER DRIVE AND EAST OF COACHELLA DRIVE. APPLICANT: TRANSWEST HOUSING, INC. The Mayor declared the PUBLIC HEARING OPEN at 10:51 p.m. Principal Planner Baker presented the staff report. Jeff McComic, 9968 Hillard, San Diego, of Transwest Housing, Inc., stated they are requesting a modification to Condition No. 76 to allow an option on the trail access, which they are trying to work out with the La Quinta Arts Foundation and the Coachella Valley Mountains Conservancy. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 10:55 p.m. RESOLUTION NO. 2002-130 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR EXTENSION OF TIME FOR TENTATIVE TRACT MAP 29436 ALLOWING 169 SINGLE FAMILY LOTS ON 75.86 ACRES LOCATED NORTH OF EISENHOWER DRIVE, EAST OF COACHELLA DRIVE (TRANSWEST HOUSING, INC.). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-130 as submitted. Motion carried with Council Member Perkins ABSTAINING due to a potential conflict of interest. City Council Minutes 26 August 6, 2002 CONSENT CALENDAR ........... continued 9. APPROVAL OF AN OPTION AGREEMENT BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND WAL-MART AS SATISFACTION OF CONDITION NO, 4(B) OF RESOLUTION 2002-40 (CONDITIONAL USE PERMIT) AND CONDITION NO, 86(B) OF RESOLUTION NO. 2002-41 (SITE DEVELOPMENT PERMIT) FOR THE CENTRE AT LA QUINTA SPECIFIC PLAN, MOTION - It was moved by Council Members Sniff/Henderson to approve an Option Agreement between the La Quinta Redevelopment Agency and Wal- Mart, as amended, as satisfaction of Condition No. 4(B) of Resolution No. 2002-40 (Conditional Use Permit) and Condition No. 86(B) of Resolution No. 2002-41 (Site Development Permit) for the Centre at La Quinta Specific Plan. Motion carried unanimously. MINUTE ORDER NO, 2002-115. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California