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2002 09 17 CC Minutes LA QUINTA CITY COUNCIL MINUTES SEPTEMBER 17, 2002 A regular meeting of the La Quinta City Council was called to order at the hour iSf 2:00 p.m. by Mayor Pro Tem Sniff. PRESENT: Council Members Adolph, Henderson, Perkins, Mayor Pro Tern Sniff ABSENT: Mayor PeSa (arrived during Closed Session) MOTION - It was moved by Council Members Adolph/Henderson to excuse Mayor PeSa. Motion carried unanimously. 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. The City Council reconvened with Mayor Pe~a present, and he led the audience in the Pledge of Allegiance. PUBLIC COMMENT Bridgett Zappia, 78-557 Torina Drive, presented petitions asking the City to consider changing the zoning and general plan designations for the property located at the northeast corner of Washington Street and Fred Waring Drive. Ernie Brazil, 44-400 Buttercup, questioned why the City hasn't done something about the poor perimeter landscaping conditions (dead tree trunks, sand on the sidewalks, and broken sprinklers) at the Cactus Flower development. He stated he asked the City to do something about it five years ago and was told approximately six months ago that new trees and flowers would be planted. He feels the lack of action by the City shows that none of the Council Members live in north La Quinta. Mayor Pefia stated these matters will be referred to staff for response. City Council Minutes 2 September 17, 2002 CONFIRMATION OF AGENDA City Manager Genovese requested Consent Item Nos. 20, 22, and 23 be pulled from the agenda and rescheduled for the October 1, 2002 agenda. He also requested Consent Item No. 25 be pulled for separate action to clarify actual amounts available in the budget. Mayor Pe~a requested Consent Item Nos. 8, 9, and 11 be pulled for separate action due to a potential conflict of interest. Council Member Perkins stated he has comments on Consent Item No. 18 and Council Member Adolph stated he has comments on Consent Item Nos. 7 and 1 6. MOTION - It was moved by Council Members Sniff/Henderson to approve the agenda as modified. Motion carried unanimously. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCF 1. LETTER FROM THE AMERICAN RED CROSS. Received and filed. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of August 6, 2002, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 20, SEPTEMBER 3, AND SEPTEMBER 17, 2002. 2. TREASURER'S REPORT FOR THE PERIODS ENDING JUNE 30 AND JULY 31, 2002. City Council Minutes 3 September 17, 2002 3. REVENUE AND EXPENDITURES REPORTS FOR THE PERIODS ENDING JUNE 30 AND JULY 31, 2002. 4. APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE INSTALLATION OF A NEW TRAFFIC SIGNAL AT THE INTERSECTION OF ADAMS STREET AND WESTWARD HO DRIVE. 5. APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO UPDATE THE CITY'S PAVEMENT MANAGEMENT PROGRAM. 6. APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO PREPARE AN ACOUSTICAL ANALYSIS (NOISE STUDY) OF THE WASHINGTON STREET CORRIDOR. 7. APPROVAL OF A PROJECT PROPOSAL FOR A COACHELLA VALLEY AIR QUALITY ENHANCEMENT GRANT TO INSTALL THREE (3) WEATHER STATIONS THROUGHOUT THE CITY OF LA QUINTA. (See discussion below.) 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23995-6, SIENNA DEL REY, CENTURY HOMES. (See separate action below.) 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 23995-8, SIENNA DEL REY, CENTURY HOMES. (See separate action below.) 10. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 29624, DESERT FLOWER, WORLD DEVELOPMENT. 11. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28719, DESERT HOUSING, LLC, CENTURY HOMES. (See separate action below.) 12. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28409, FLORES DE MONTANAS, WORLD DEVELOPMENT. 13. APPROVAL OF AN AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE TO PERMIT A MOBILE HOUSEHOLD HAZARDOUS WASTE (HHW) COLLECTION PROGRAM AT THE LA QUINTA CORPORATE YARD ON OCTOBER 5, 2002, AND APRIL 29, 2003, AND AUTHORIZE THE MAYOR TO EXECUTE SAID AGREEMENT. City Council Minutes 4 September 17, 2002 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR A CODE COMPLIANCE OFFICER TO ATTEND A TRAINING CLASS GIVEN BY SOUTHERN CALIFORNIA ASSOCIATION OF CODE ENFORCEMENT OFFICIALS, INC. IN BUELLTON, CALIFORNIA, NOVEMBER 1-2, 2002. 15. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO RE-ADVERTISE BIDS, FOR THE VARIOUS LEFT-TURN POCKET MODIFICATIONS, PROJECT 2001-09. 16. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT NO. 30357, MOUNTAIN VIEW COUNTRY CLUB, TOLL BROS., INC. (See discussion below.) 17. APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP 30147, ONE ELEVEN LA QUINTA CENTER. 18. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BIDS, THE FISCAL YEAR 2001/2002 TRAFFIC SIGNAL IMPROVEMENT PROGRAM, PROJECT 2001-10. (See discussion below.) 19. APPROVAL TO ISSUE A REQUEST FOR PROPOSALS (RFP) TO OBTAIN CONTRACT TRAFFIC ENGINEERING SERVICES. 20. APPROVAL OF FINAL CONTRACT CHANGE ORDER AND ACCEPTANCE OF JEFFERSON STREET IMPROVEMENTS, PROJECT 99-05 PHASE I - AVENUE 54 TO HIGHWAY 111. (This item was pulled from the agenda and continued to October 1, 2002 - see Confirmation of Agenda.) 21. APPROVAL OF A REQUEST FOR QUALIFICATIONS PROCESS TO PROVIDE PROFESSIONAL CONSTRUCTION MANAGEMENT SERVICES TO SUPPORT PROJECT 2000-11, THE LA QUINTA PARK. 22. APPROVAL OF FINAL CONTRACT CHANGE ORDER AND ACCEPTANCE OF PROJECT NO. 98-19C, WESTWARD HO, ASSESSMENT DISTRICT 2000-01. (This item was pulled from the agenda and continued to October 1, 2002 - see Confirmation of Agenda.) 23. APPROVAL OF FINAL CONTRACT CHANGE ORDER AND ACCEPTANCE OF PROJECT NO. 98-19 A&B, VILLAGE COMMERCIAL PHASE VI COVE IMPROVEMENTS, PROTO-TYPICAL STREET IMPROVEMENTS (CALLE ESTADO). (This item was pulled from the agenda and continued to October 1, 2002 - see Confirmation of Agenda.) City Council Minutes 5 September 17, 2002 24. APPROVAL OF CONTRACT SERVICES AGREEMENT WITH KINER/GOODSELL ADVERTISING FOR FISCAL YEAR 2002/2003. 25. APPROVAL OF AN ART PURCHASE AGREEMENT WITH PETER J. URBON TO PROVIDE OBELISKS FOR EISENHOWER DRIVE INTERSECTION DELINEATION PROJECT. (See separate action below.) MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with the exception of Item Nos. 8, 9, 11, 20, 22, 23, and 25. Motion carried unanimously. MINUTE ORDER NO. 2002-116. Council Member Adolph referenced Item No. 7 and asked what the weather stations would look like. City Manager Genovese stated they will be Iow to the ground. In reference to Item No. 16, Council Member Adolph complimented Mountain View Country Club for keeping the project clean. He then remarked about Country Club of the Desert needing to be cleaned up and asked Code Compliance to look into it to see what can be done. Council concurred. Item No. 8 MOTION - It was moved by Council Members Henderson/Adolph to accept improvements to Tract No. 23995-6 and authorize staff to release security upon receiving warranty security. Motion carried with Mayor Pe~a ABSTAINING. MINUTE ORDER NO. 2002-117. Item No. 9 MOTION - It was moved by Council Members Adolph/Henderson to accept improvements to Tract No. 23995-8 and authorize staff to release security upon receiving warranty security. Motion carried with Mayor Pe~a ABSTAINING. MINUTE ORDER NO, 2002-118. Item No. 11 MOTION - It was moved by Council Members Henderson/Adolph to accept improvements to Tract No. 28719 and authorize staff to release security upon receiving warranty security. Motion carried with Mayor Pe~a ABSTAINING. MINUTE ORDER NO. 2002-119. City Council Minutes 6 September 17, 2002 In reference to Item No. 18, Council Member Perkins asked about the status of changing the City's traffic signals to LED lights. City Manager Genovese stated all new traffic signals are being installed with LED lights and the budget includes funding for a replacement program for existing traffic signals. Council Member Perkins noted LED lights are being used by most cities, and he would like to see La Quinta move forward with this as soon as possible. Item No. 25 Senior Engineer Freeland advised of the following corrections in the staff report (under fiscal implications): "Less prior expenditures" should read ($31,818); and "Current available funding" should read 943,182. Public Works Director Jonasson added in order to purchase a total of 27 obelisks, the 937,500 amount shown under Alternative #1 needs to be increased by 97,450. Council Member Adolph stated he does not support the obelisk program because he feels it is a waste of tax dollars. In response to Council Member Sniff, Mr. Freeland confirmed the artist's per unit cost has increased 954. He stated each obelisk includes reflective lettering and the City Seal. Council Member Henderson noted the last group of obelisks installed are highly reflective. She felt the public has been looking for better street signage in the Cove for years and that these obelisks will be an improvement on the existing ones. She noted the monies in the Art in Public Places Fund cannot be used for just anything. Council Member Sniff stated he feels signage is important but isn't sure vertical lettering is as effective as horizontal lettering. He requested after these obelisks are installed that the Council re-examine where the program is going and maybe look at new possibilities. Council Member Henderson agreed these obelisks will tell if the program is beneficial. Council Member Adolph stated the original obelisks were concrete and these are plastic and ugly. City Council Minutes 7 September 17, 2002 MOTION - It was moved by Council Members Sniff/Henderson to approve an Art Purchase Agreement with Peter J. Urbon to provide (27) obelisks for the Eisenhower Drive delineation program with an additional appropriation of $7,450 from the Art in Public Places Fund. Motion carried with Council Member Adolph voting NO. MINUTE ORDER NO. 2002-200. BUSINESS SESSION 1. CONSIDERATION OF AN AMENDMENT TO CHAPTER 8 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE ADOPTING THE 2001 CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. In response to Council Member Adolph, Building & Safety Director Hartung confirmed the California Building Code is based on the Uniform Building Code and is updated every three years. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 376 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 376 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REVISING TITLE 8 ENTITLED "BUILDING AND CONSTRUCTION" AND ADOPTING THE FOLLOWING CODES PUBLISHED BY THE CALIFORNIA BUILDING STANDARDS COMMISSION: THE CALIFORNIA BUILDING STANDARDS ADMINISTRATIVE CODE, 2001 EDITION; THE CALIFORNIA BUILDING CODE, 2001 EDITION, VOLUMES 1, 2, AND 3, INCLUDING CERTAIN SPECIFIED APPENDICES; THE CALIFORNIA ELECTRIC CODE, 2001 EDITION; THE CALIFORNIA PLUMBING CODE, 2001 EDITION, INCLUDING ALL APPENDICES AND THE INSTALLATION STANDARDS; THE CALIFORNIA MECHANICAL CODE, 2001 EDITION; THE CALIFORNIA ENERGY CODE, 2001 EDITION; THE CALIFORNIA BUILDING STANDARDS CODE, 2001 EDITION; AND THE CALIFORNIA FIRE CODE, 2001 EDITION. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 376 on first reading. Motion carried by the following vote: City Council Minutes 8 September 17, 2002 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None o ABSTAIN: None 2. CONSIDERATION OF APPLYING FOR PUBLIC LIBRARY CONSTRUCTION AND RENOVATION BOND ACT OF 2000 (PROPOSITION 14) FUNDS. Assistant City Manager Weiss presented the staff report. Mayor Pe~a noted there are a lot of strings attached to the funding. After a brief discussion, Council concurred not to take action on the matter. 3. CONSIDERATION OF A RESOLUTION DESIGNATING SPEED LIMITS FOR CERTAIN LOCAL STREETS. Council Member Perkins stated he had disagreed with the speed limits on five of the streets, but the Police Department has informed him the speed limits are lower because of the accident record on those streets. Police Chief Horton reported one of the five streets in question was Adams Street from Miles Avenue to Highway 111. He concurred that the speed limit on that section should be reconsidered since The La Quinta Park, scheduled to be completed in 7-10 months, was not included in the speed limit analysis. Council Member Adolph agreed and commented on the safety of students walking along that area through the storm channel. Council Member Sniff suggested the speed be reduced to 35 mph between the new park and Highway 111. Council Member Perkins suggested taking another look at it after the traffic signal is installed. City Manager Genovese recommended lowering the speed limit now to avoid confusion later and noted the speed will be reduced during construction of the park. Council Member Sniff agreed with leaving the speed limit as it is and revisiting the issue after the park is completed. Council concurred. City Council Minutes 9 September 17, 2002 Public Works Director Jonasson explained the purpose of the survey and voiced concern about leaving this particular section of Adams Street at 35 mph. Council Member Henderson expressed concern about the speed limit being too high on Dune Palms Road, and noted people travel faster than the speed limit. Council Member Perkins remarked that he feels unrealistic speed limits are ignored. Mr. Jonasson added that radar cannot be enforced if the speed limits are not according to the speed limit survey. Council Member Henderson spoke in support of the speed limit reductions in the Village but questioned the 30 mph speed limit on Desert Club Drive. Senior Engineer Speer stated staff can look into that area to see if it qualifies as a business district. In response to Council Member Adolph, Mr. Speer confirmed the un-posted speed limit of 25 mph will be retained on Avenida La Fonda between Desert Club Drive and Avenida Bermudas. Council Member Perkins asked staff to make sure that the speed limit signs are clearly visible when installed and not behind trees or other signage. RESOLUTION NO. 2002-131 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DESIGNATING SPEED LIMITS FOR CERTAIN LOCAL STREETS. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-131 as submitted. Motion carried unanimously. 4. CONSIDERATION OF AN ART PIECE FOR THE RESIDENCY INN PROJECT. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Bill Ware, the artist, stated the art piece design was selected by the developer, who had asked him to submit several art ideas for consideration. Council Member Perkins spoke in support of the art piece design. City Council Minutes 10 September 17, 2002 In response to Council Member Henderson, Ms. Horvitz confirmed installation of an art piece on the site was the developer's idea and not a request of the City. She added the developer's contribution amount is $14,000. Council Member Henderson stated she has some concerns about how this came about. Council Member Sniff stated he supports the request 100% and likes the quail connection to the City. In response to Council Member Adolph, Mr. Ware stated the bronze art piece will be surrounded by natural rocks and plant material. Mayor Pe~a stated his initial thought was that Bighorn Sheep are in the mountains, but it's what the developer chose. He voiced concern about the amount contributed by the developer and suggested the possibility of discussing it with the developer later on. ,' Council Member Henderson stated she didn't have a problem with the contribution amount but does have a problem with the method in which this came about. She felt it opens up the door for anyone to submit an art design to the Cultural Arts Commission and ask the City to approve it and noted it's difficult for Council to deny artwork that is submitted. Council Member Sniff pointed out the Council has the discretion to approve or deny any such requests. MOTION - It was moved by Council Members Sniff/Adolph to approve the artwork concept for the Residency Inn project and direct staff to prepare an Art Purchase Agreement for the art piece in the amount of $92,000 to be allocated from the Art in Public Places Fund. Motion carried unanimously. MINUTE ORDER NO. 2002-201. 5. CONSIDERATION OF A REQUEST FOR PROPOSALS (RFP) TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE INSTALLATION OF THE LA FONDA STREET ENHANCEMENTS, PROJECT NO. 2002-05. Public Works Director Jonasson presented the staff report. Council Member Perkins referenced the City's banner program and suggested using alternate banners on each light post instead two of the same. He also City Council Minutes I 1 September 17, 2002 commented on the poor condition of the fountain on Calle Estado and suggested the possibility of plastering the tile. Mr. Jonasson responded staff is looking to have less-maintenance intensive fountains on Avenida La Fonda. Council Member Sniff stated he supports approving a Professional Services Agreement with RGA Landscape Architects. He didn't have a problem looking at alternate fountain designs or material that is less-maintenance intensive. He also feels more flowers are needed. He wished to see the project move forward promptly and noted Avenida La Fonda was the original street leading to the Cove. In response to Council Member Perkins, City Manager Genovese stated the roundabout near the park is being analyzed for changes. Council Member Henderson noted the Kiner Goodsell Advertising contract has references to the banner program. She agreed something needs to be done about the fountains. MOTION - It was moved by Council Members Sniff/Henderson to approve a Professional Services Agreement with RGA Landscape Architects to prepare the Plans, Specifications, and Engineer's Estimate for the installation of the La Fonda Street Enhancements, Project 2002-05. Motion carried unanimously. MINUTE ORDER NO. 2002-202. 6. SECOND READING OF 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 ROLLERSKATING IN CERTAIN AREAS ON PUBLIC PROPERTY. It was moved by Council Members Sniff/Adolph to adopt Ordinance No. 375 on second reading. Council Member Perkins asked if the prohibition includes roller blades, to which City Attorney Jenson responded "yes." Council Member Henderson asked if the ordinance prohibits "ITs" and stated she didn't want to ban them. City Council Minutes 12 September 17, 2002 Mayor Pe~a stated he felt that would fall under the category of a scooter, which is prohibited. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None STUDY SESSION 1. DISCUSSION REGARDING LIBRARY CONCEPT. Community Services Director Horvitz presented the staff report. Tom Anglewicz, architect with M. W. Steele Group, reviewed Design Schemes A and B and introduced Steve Miles who assisted him in the presentation. He stated the main difference between the two schemes is that Scheme A has a tower as a central focal point that defines a central reading space inside the library, and Scheme B has a sloped-roof element that emphasizes the circulation gallery, which connects the parking area to the park and is more linear and dynamic than Scheme A. In response to Council Member Henderson, Mr. Anglewicz stated the colonnade area has a roof and wall. Council Member Adolph stated he prefers the dynamic interior of Scheme B as long as the floor plan is functional. Mr. Anglewicz remarked the County library staff has indicated they can work with either design concept to get the floor plan functional. Council Member Sniff commented on the importance of the architecture being compatible with City Hall. He suggested some type of enhancement around the windows with an illusion of shade. He felt an awning effect is needed on the lower windows because of the heat and would like to lengthen the arches and trellis areas on the north side as an access from City Hall. He liked the height element of the tower design in Scheme A. Mr. Anglewicz advised the window enhancement will be addressed further in the design process. City Council Minutes 13 September 17, 2002 Council Member Perkins commented on Scheme B looking like an unfinished building but otherwise preferred that design. Council Member Henderson suggested an octagon-shaped tower in Scheme A - otherwise she would go with Scheme B. Mayor Pe~a stated he likes the tower design but also likes the warmth of Scheme B because of the exposed beams. He didn't like the south elevation of Scheme B. Mr. Anglewicz noted the tower in Scheme A is more of a static space and the atrium in Scheme B is more directional. Council Member Sniff commented on the high maintenance of the exterior wood in Scheme B. Mayor Pe~a suggested using metal supports instead of wood. Mr. Miles commented that wood was chosen to add warmth and to carry over from the wood used at City Hall. Council Member Sniff agreed with changing the tower to an octagon shape to be compatible with City Hall. Mr. Anglewicz stated they avoided that shape because of the number of octagon-shaped towers around. Council Member Henderson stated she likes Scheme B but feels a tower design will be more compatible with the Civic Center Campus. Council Member Adolph stated he doesn't feel a tower is needed to be compatible. Council Member Perkins agreed and remarked that Westwood Village has gradually gone away from using towers. Council Members Henderson and Sniff and Mayor Pe~a supported a tower design. Ms. Horvitz stated staff will come back with a different tower design generally compatible with City Hall. City Council Minutes 14 September 17, 2002 REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed, o DEPARTMENT REPORTS 5-B. REPORT ON THE RANCHO LA QUINTA LIVING FENCE. Bill Pierce, 78-600 Cabrillo Way, stated Rancho La Quinta did not plant everything they agreed to plant when the project was approved, and have since removed what was planted on the inside of the fence without approval from the City. He didn't feel the project should have been approved with living fences and noted the developer has constructed walls along Jefferson Street, and Avenues 48 and 50. He hoped the City could correct the error made by Rancho La Quinta, as well as the City's error in allowing the project to be approved with a living fence. Jack Fleck, 48-425 Via Solana, commented on the noise from Washington Street due to increased traffic. He presented copies of letters the residents sent to the Homeowners Association Board requesting a noise study, and stated the Board's response was that the solution is to reduce traffic. The Board further stated that an acoustical sound wall is not feasible because of the cost and they feel the impact would be slight and the appearance not compatible with the aesthetics of the community. He feels the developer and the Board have no interest in taking further action on this issue. Mayor Pe~a referenced the City Attorney's memorandum that explains the City cannot require Rancho La Quinta to replace the plant material or to construct a wall. He felt the interior of the project should be handled by the homeowners association and asked how many homes exist in the development, to which Mr. Fleck responded 750. Mr. Pierce stated he was told the plant material along the chain-link fence was removed by majority vote of the homeowners association but the homeowners association was controlled by the developer at that time. City Attorney Jenson stated if the developer should remove the fence and ask to rebuild it the City could review the issue - otherwise the Council does not have any discretionary approval before them. She added if the project is in violation of any of the conditions of approval the City can review it but otherwise the City cannot step into a homeowners association issue. City Council Minutes 15 September 17, 2002 In response to Council Member Henderson, Ms. Jenson stated the City can only require the developer to comply with the original conditions of approval. Council Member Adolph stated Rancho La Quinta committed to heavily landscape the area so the chain-link fence could not be seen. He wished to know if the conditions of approval are being met. After a brief discussion, Council concurred to direct the City Attorney to review the conditions of approval for possible violations. 5-A. REPORT ON THE DESERT SANDS UNIFIED SCHOOL DISTRICT DARBY ROAD SCHOOL COMPLEX. Community Development Director Herman gave a brief staff report. In response to Council Member Henderson, Peggy Reyes, of Desert Sands Unified School District, stated the Horizon School is for an Independent Studies Program. She added a home-schooling program is expected to be a component of the project. An Alternate Education Program will be offered at the Continuation High School to serve students west of Washington Street. In response to Council Member Sniff, Ms. Reyes stated the additional acreage is for parking. She advised the public hearing before the School Board should be held in three to four months and that surrounding property owners would be notified. 9-A. MODIFICATIONS TO THE COMMUNITY POLICING FACILITY IN THE VILLAGE. There was concurrence by the Council to approve the Police Department's request to open the facility on Avenida Bermudas to the public after modifications to the building are completed. Council Member Henderson suggested consideration be given to participate with the City's Downtown Business Grant Program for facade improvements. 2. CITY ATTORNEY'S REPORT. City Attorney Jenson reported theater representatives have agreed to remove the construction fence and seal up the windows with stucco before October City Council Minutes 16 September 17, 2002 15, 2002. Additionally, they will install landscaping if they do not have a plan for reuse of the building within nine months. 6-A. REPORT ON CIVIC CENTER CAMPUS DEDICATION (DECEMBER 7, 2002). Council Member Henderson stated she has a Santa Rosa/San Jacinto Mountains National Monument meeting that day from 9:00 a.m. to 4:00 p.m. Community Services Director Horvitz stated staff is working on a tentative timetable to accommodate her meeting schedule. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Catherine Hunter, 77-511 Calle Arroba, questioned why lots in the Cove have different front yard setbacks. She said some of the newer homes have 6 to 8-foot setbacks while older ones have 12-foot setbacks. She also questioned enforcement of the Commercial Vehicle Ordinance. Building and Safety Director Hartung responded that all of the building lots in the Cove have 12-foot setbacks from the property line. He was at a loss to explain how any of the setbacks could be less than that unless some of the properties have intruded into the easement. At the request of Mayor Pe~a, Mr. Hartung met in the lobby with concerned residents to explain the enforcement of the Commercial Vehicle Ordinance in the Cove. PRESENTATIONS The Mayor and Council Members presented art awards to the following preschool students of the La Quinta Y.M.C.A whose artwork has been displayed at City Hall: Renee Buckley Brittney Hatfield Evann Rennels Maria Calderon Kaelee Henderson Andres Sanchez Mis Gonzalez Anthony Noriega Alexis Shriner Ashley Waltz City Council Minutes 17 September 17, 2002 PUBLIC HEARINGS 1. PUBLIC HEARING ON TENTATIVE TRACT MAP 30185, A REQUEST TO SUBDIVIDE APPROXIMATELY 3.62 ACRES INTO SEVEN LOTS, ONE OPEN SPACE LOT, AND A WELL SITE ON THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF CABRILLO WAY AND MISSION DRIVE WEST WITHIN RANCHO LA QUINTA. APPLICANT: TD DESERT DEVELOPMENT. The Mayor declared the PUBLIC HEARING OPEN at 7:11 p.m. Community Development Director Herman presented the staff report. In response to Council Member Adolph, he stated the units were placed at an angle on the site to take full advantage of views. Patrick Odowd, representing the developer TD Desert Development, stated he was available to respond to questions from the Council. In response to Council Member Adolph, Mr. Odowd stated open space is included in the tract because it's the "right thing to do." Council Member Adolph voiced appreciation for the open space allocation. William Kuhn, 79-030 Mission Drive West, spoke regarding the amount of fill dirt to be brought into the site and the impacts it will have on the quality of life for residents, especially along Mission Drive West and Cabrillo Way. Bill Pierce, 78-600 Cabrillo Way, requested Council delay this matter until after the living fence matter has been settled. William Wright, also objected to the amount of fill dirt that will have to be trucked into the site. In response to Council Member Sniff, Mr. Odowd explained the fill dirt is necessary to replace soil previously exported from the site. He added the La Quinta Evacuation Channel may be accessed to bring in the fill dirt if CVWD agrees to it. Grady Sparks, of Rancho La Quinta, explained the fill dirt is needed to raise the site to curb level. In response to Council Member Henderson, he estimated 2,000 truck loads of dirt will be required. Council Member Henderson remarked, with the new PM l0 requirements, the burden of keeping dust and dirt under control is on the developers and the regulations carry very heavy penalties if the requirements are not met. City Council Minutes 18 September 17, 2002 There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:22 p.m. RESOLUTION NO. 2002-132 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT MAP 30185 TO SUBDIVIDE 3.62 ± ACRES INTO SEVEN SINGLE FAMILY RESIDENTIAL LOTS, ONE OPEN SPACE LOT, AND A WELL SITE LOCATED AT THE SOUTHWEST CORNER OF CABRILLO WAY AND MISSION DRIVE WEST WITHIN THE RANCHO LA QUINTA DEVELOPMENT (TD DESERT DEVELOPMENT). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-132 as submitted. Motion carried unanimously. 2. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2002-452; 2) SPECIFIC PLAN AMENDMENT 98-032, AMENDMENT NO. 1, A REQUEST TO REMOVE PLANNING AREA NO. 3 FROM THE QUARRY RETREAT SPECIFIC PLAN, AND 3) TENTATIVE TRACT MAP 30651, A REQUEST TO SUBDIVIDE 74.78 ACRES INTO 28 RESIDENTIAL LOTS AND COMMON LOTS AND OTHER GOLF COURSE LOTS ON PROPERTY LOCATED WEST OF JEFFERSON STREET SOUTH OF QUARRY LANE STREET. APPLICANT: WINCHESTER DEVELOPMENT. The Mayor declared the PUBLIC HEARING OPEN at 7:39 p.m. Community Development Director Herman presented the staff report and identified the development on overhead map exhibits. City Attorney Jenson spoke in reference to a letter from the California Department of Fish and Game (CDFG) dated September 16, 2002, which the Community Development Department had just received. She stated she has been in contact with CDFG and their concerns have been satisfied with the voluntary additional conditions of approval the City has agreed to include in its consideration of this project. She outlined the suggested additional conditions as follows: 1. The existing stream bed located 300 feet west of Lot 25 will not be altered in any way without prior consent of CDFG, the U. S. Fish and Wildlife Service (USFWS), and the City of La Quinta. City Council Minutes 19 September 17, 2002 2. The applicant will provide to the City of La Quinta or its designee, 3 acres (3:1 Ratio) of mitigation property in Martinez Canyon, or an alternate agreed-upon location, or $1,500 for property acquisition related to potential streambed alteration. The applicant will also provide 120 acres (2:1 Ratio) of mitigation property in Martinez Canyon, or an alternate agreed-upon location, or a maximum of $60,000 related to possible loss of potential Bighorn Sheep habitat. Payment shall be made in the form of a security bond as approved by CDFG and be made prior to grading. 3. Efforts shall be made to ensure that all pesticides, fungicides, herbicides, and fertilizers used during the construction and operation of the site will not be harmful to wildlife. 4. A Construction plan shall be prepared and demonstrate, to the extent practicable, construction activities that emit excessive noise to be avoided adjacent to the hillside. In addition, during grading and construction activities, any blasting or pile-driving near the hillside will not occur during the period from January 1 through June 30th. 5. A landscape plan shall include only plants that are non-toxic to wildlife. All exotic plants such as tamarisk and fountain grass are prohibited. Existing trees may remain. 6. If Bighorn Sheep enter onto the site, an 8-foot high fence (or the functional equivalent) shall be constructed between the development and the hillside. The gaps should be 11 centimeters (4.3 inches) or less. If determined necessary, the developer shall construct temporary fencing while permanent fencing is constructed. The fence shall not contain gaps in which Bighorn Sheep can be entangled. If the developer transfers or disposes of any of the property adjacent to the hillside, the developer shall reserve an easement sufficient for the construction of fencing if needed in the future. 7. Dogs shall not be permitted to be loose within the project area, and shall be kept away from the hillside areas through appropriate signage and fencing, where applicable. 8. Access into the hillside area from the site will be discouraged through the use of signs or barricades, if necessary, unless the access is provided as part of a trail system that is approved by USFWS and CDFG. 9. The final design of the project shall insure that road and driveways are designed to minimize headlight shining from vehicles onto the hillside. City Council Minutes 20 September 17, 2002 10. In all areas adjacent to the hillsides, non-glare glass shall be used in new construction. Exterior building lights shall not shine onto the hillside. Exterior lighting shall be kept at the safest possible minimum intensity arid aimed away from the hillside. 11. The developer shall obtain a stream bed alteration agreement with CDFG prior to grading, if required under the California Fish and Game Code. John Shaw, of Winchester Development, addressed the Council and stated he is in agreement with the additional conditions. In response to Council Member Sniff, Mr. Shaw stated the plan will include a lO-hole golf course to be used as a warm-up course for members. Gayle Cady, 82-031 Avenue 54, spoke in opposition to the application and stated she didn't feel The Quarry project should ever have been allowed. She feels additional development will cause further damage to the mountains and further limit access to the trail system. She urged Council to deny the request. Mayor Pe~a responded by saying limitations placed on the trail system are not being dictated by the City. He recommended Ms. Cady check into the restrictions imposed by both State and Federal agencies since establishment and subsequent enlarging of the Peninsular Bighorn Sheep habitat. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:57 p.m. RESOLUTION NO. 2002-133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 98-032, AMENDMENT NO. 1, AND TENTATIVE TRACT MAP 30651 (WINCHESTER DEVELOPMENT). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-133 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO SPECIFIC PLAN 98-032 TO REMOVE PLANNING AREA NO. 3 (WINCHESTER DEVELOPMENT). City Council Minutes 21 September 17, 2002 It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-134 as amended (adding the eleven conditions of approval outlined by the City Attorney). Motion carried unanimously, o RESOLUTION NO. 2002-135 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING TENTATIVE TRACT 30651 TO ALLOW A 28-LOT SINGLE FAMILY RESIDENTIAL LAND SUBDIVISION AND MISCELLANEOUS COMMON AND GOLF COURSE LOTS ON APPROXIMATELY 74.78 ACRES (WINCHESTER DEVELOPMENT). It was moved by Council Members Adolph/Henderson to adopt Resolution No. 2OO2-135 as amended (adding the eleven conditions of approval outlined by the City Attorney). Motion carried unanimously. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING POTENTIAL USE OF THE CITY'SAVENIDA LA FONDA PROPERTY FOR A DOG PARK. Council Member Henderson introduced the subject of potential use of the site on Avenida La Fonda adjacent to the Senior Center for a small dog park. Council Member Sniff voiced concern that the use might have an unfavorable impact on the Senior Center because of the odor. Community Services Director Horvitz, in response to Mayor Pe~a, said the City of Palm Springs has a very successful dog park and the City of Palm Desert has two dog parks. She stated she has visited their facilities and they are kept clean of animal waste by the dog owners who use the parks and the irrigation system takes care of any odors. After discussion staff was directed to bring this matter back to Council with some alternative suggestions for sites in the City. 2. DISCUSSION REGARDING COUNCIL MEMBER VACANCIES CREATED BY MUNICIPAL ELECTION. Council Member Henderson stated she has been asked by citizens what action the Council will take after the November 5th election when there will be a City Council Minutes 22 September 17, 2002 vacancy created by the election of one of the two Council Members running for the office of Mayor. Council Member Sniff said the only options are to appoint a Council replacement or to set a special election date to fill the vacancy. He did not feel any decision could be made until after the election because a newly-elected City Council cannot be bound to a particular action by a previous City Council. Council Member Perkins stated he has always believed a member of City Council should resign their present office if they decide to run for another office to avoid situations such as this. Council Member Henderson stated her motive for bringing the matter up was to promote discussion. She felt any inquiries could at least be responded to that the matter has been discussed and nothing can be decided until after the Mayor and Council Members have been sworn in. No direction was given on this matter and no action was taken. 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