2002 10 01 CC Minutes LA QUINTA CITY COUNCIL
'-" MINUTES
OCTOBER 1, 2002
A regular meeting of the La Quinta City Council was called to order at the hour of
2:00 p.m. by Mayor Pe~a.
PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
ABSENT: None
PUBLIC COMMENT - None
CLOSED SESSION
1. Conference with City's legal counsel pursuant to Government Code Section
54956.9(a) - South of the Airport Neighborhood Association v. City of
La Quinta, et al., Riverside County Superior Court Case No. INC028505.
2. Conference with legal counsel regarding potential initiation of litigation pursuant
to Government Code Section 54956.9(c) - one matter.
3. Conference with City's real property negotiator, Mark Weiss, pursuant to
Government Code Section 54956.8 concerning potential terms and conditions
of acquisition and/or disposition of real property located on the south side of
Highway 111, west of Jefferson Street (APNs 649-030-010, 013, and 007).
Property Owner/Negotiator: Mike Dobrota.
Council recessed to Redevelopment Agency and to Closed Session to and until the
hour of 3:00 p.m.
3:00 P.M.
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).
Mayor Pe~a led the audience in the Pledge of Allegiance.
City Council Minutes 2 October 1, 2002
PUBLIC COMMENT
Robert Tyler, 44-215 Villeta Drive, commented on the proliferation of political signs
and asked why political candidates from other jurisdictions are allowed to erect their
political signs within La Quinta City limits.
Council Member Henderson explained the City is not allowed to deny the signs. She
added some people question La Quinta's restrictions on political signs being
enforceable.
CONFIRMATION OF AGENDA
Council Member Adolph stated he has two items for discussion under Mayor and
Council Members' Items.
ANNOUNCEMENTS - None
PRESENTATIONS - None
WRITTEN CORRESPONDENCE
1. CORRESPONDENCE FROM THE CLEAN CITIES COACHELLA VALLEY REGION.
In response to Mayor Pe~a, City Manager Genovese stated the City's past
participation has been limited to attendance.
Council Member Henderson commented on the potential future economic
benefits of participating in the national event due to the number of people
expected to attend.
Council Member Sniff stated he felt the value in participation might vary
according to the sponsorship.
After a brief discussion, Council concurred to direct staff to bring the matter
back as a business item and to request a representative from SunLine to be
present at the meeting.
City Council Minutes 3 October 1, 2002
2. CORRESPONDENCE FROM THE SOUTHERN CALIFORNIA WATER COMMITTEE.
Council concurred to direct staff to obtain additional information on the matter
and how it might affect CVWD.
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of September 17, 2002, as submitted. Motion carried unanimously.
CONSENT CALENDAR
.Mayor Pe~a requested Item No. 6 be pulled for separate action due to a potential
conflict of interest.
Council Member Perkins requested Item No. 7 be pulled for discussion.
1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 1, 2002.
2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO ANIMAL CONTROL
OFFICERS TO ATTEND THE NATIONAL ANIMAL CONTROL ASSOCIATION'S
TRAINING ACADEMY IN TORRANCE, CALIFORNIA, NOVEMBER 4-8, 2002.
3. APPROVAL OF CONTRACT CHANGE ORDER NO. 81 AND ACCEPTANCE OF
JEFFERSON STREET FINAL IMPROVEMENTS, PHASE 1 AVENUE 54 TO
HIGHWAY 111, PROJECT NO. 99-05. (See reconsideration of the action on
this item on Page 9.)
4. ACCEPTANCE OF IMPROVEMENT ASSOCIATED WITH TRACT 25691,
WILDFLOWER, WORLD DEVELOPMENT.
5. APPROVAL TO AWARD A PROFESSIONAL SERVICES AGREEMENT TO TRI-
STATE LAND SURVEYORS FOR SURVEY SERVICES FOR THE LA QUINTA
PARK IMPROVEMENT PROJECT NO. 2000-11.
6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT NO. 23995-7,
SIENNA DEL REY, CENTURY HOMES. (See separate action on this item below.)
City Council Minutes 4 October 1, 2002
7. ACCEPTANCE OF PROJECT NO. 98-19 A & B, VILLAGE COMMERCIAL,
PHASE VI COVE IMPROVEMENTS AND PROTOTYPICAL STREET
IMPROVEMENTS (CALLE ESTADO), ASSESSMENT DISTRICT 2000-01. (See
separate action on this item below.)
8. ACCEPTANCE OF PROJECT NO. 98-19C, WESTWARD HO, ASSESSMENT
DISTRICT 2000-01.
9. APPROVAL OF FISCAL YEAR 2001/2002 CITY OF LA QUINTA ART IN PUBLIC
PLACES ANNUAL REPORT.
10. APPROVAL FISCAL YEAR 2001/2002 CITY OF LA QUINTA DEVELOPMENT
PROJECT FEE REPORT. (See separate action on this item below.)
11. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID
EVANS AND ASSOCIATES TO PROVIDE CONSTRUCTION MANAGEMENT
SERVICES FOR THE LA QUINTA COMMUNITY PARK, PROJECT NO. 2000-11.
MOTION - It was moved by Council Members Sniff/Adolph to approve the
Consent Calendar as recommended and amended with the exception of Item
Nos. 6 and 7.
Ed Kibbey, of Building Industry Association, stated he sent a letter to the City
regarding his concerns with several of the expenditures in the Development
Project Fee Report (Item No. 10). He asked that the item be continued and
returned to staff for changes to the document.
City Manager Genovese stated he was unaware of Mr. Kibbey's letter, and that
there is no urgency in taking action on this item if Council should wish to
continue it.
Mr. Kibbey hand-delivered a copy of the letter to Mr. Genovese.
Mayor Pe~a suggested Item No. 10 be pulled for separate action.
Motion on the Consent Calendar was withdrawn.
MOTION - It was moved by Council Members Sniff/Adolph to approve the
Consent Calendar as recommended and amended with the exception of Item
Nos. 6, 7, and 10. Motion carried unanimously. MINUTE ORDER NO.
2002-203.
City Council Minutes 5 October 1, 2002
Item No. 6
MOTION - It was moved by Henderson/Adolph to accept improvements to Tract
23995-7 and authorize staff to release security upon receiving warranty
security. Motion carried with Mayor Pe~a ABSTAINING due to a potential
conflict of interest. MINUTE ORDER NO. 2002-204.
Item No. 7
In response to Council Member Perkins, Senior Engineer Freeland stated the
roundabout and light poles in the Village have been completed according to the
configuration given to the contractor. Additional work will be done in the
future.
MOTION - It was moved by Council Member Perkins/Henderson to: 1) accept
Project No. 98-19 A & B, Village Commercial, Phase VI Cove Improvements,
Prototypical Street Improvements (Calle Estado) as complete; 2) authorize the
City Clerk to file a Notice of Completion with the office of the County Recorder;
and 3) authorize staff to release securities in lieu of retention held in escrow for
this project 35 days from the date of recording of the Notice of.. Completion.
Motion carried unanimously. MINUTE ORDER NO. 2002-205.
Item No. 10
MOTION - It was moved by Council Members Henderson/Sniff to continue the
matter of the Fiscal Year 2001/2002 City of La Quinta Development Project Fee
Report to October 15, 2002. Motion carried unanimously. MINUTE ORDER
NO. 2002-206.
BUSINESS SESSION
1. SECOND READING OF ORDINANCE NO. 376 ADOPTING THE YEAR 2001
CALIFORNIA BUILDING STANDARDS CODE BY REFERENCE.
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
City Council Minutes 6 October 1, 2002
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/Adolph to adopt Ordinance No. 376 on
second reading. Motion carried by the following vote:
AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a
NOES: None
ABSENT: None
ABSTAIN: None
2. CONSIDERATION OF AN AMENDMENT OF THE MEMORANDUM OF
UNDERSTANDING ON THE COACHELLA VALLEY FRINGE-TOED LIZARD
HABITAT CONSERVATION PLAN REGARDING "MEASURES TO MINIMIZE AND
MITIGATE TAKE OF THE COACHELLA VALLEY FRINGE-TOED LIZARD" TO
PROVIDE AN EXTENSION OF THE CURRENT MOU UNTIL DECEMBER 31,
2003.
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/Sniff to approve the
Amendment to the Memorandum of Understanding on the Coachella Valley
Fringe-Toed Lizard Habitat Conservation Plan (regarding measures to minimize
and mitigate take of the Coachella Valley Fringe-Toed Lizard to provide an
extension of the current MOU until December 31, 2003), and authorize the
Mayor to sign the necessary documents. Motion carried unanimously. MINUTE
ORDER NO. 2002-207.
3. CONSIDERATION OF SPONSORSHIP OF "CULTUREFEST" TO BE HELD
NOVEMBER 8-9, 2002.
Recreation Supervisor Francisco presented the staff report.
Council Member Henderson spoke in support of the request.
City Council Minutes 7 October 1, 2002
In response to Mayor Pe~a, Ms. Francisco stated the "Culturefest" will include
bands and festivities from cultures around the world, as opposed to the single
culture of the Oktoberfest event.
In response to Council Member Sniff, Ms. Francisco stated CVRPD expects to
have the park improvements completed at the La Quinta Community Park in the
Village in time to hold the event there.
MOTION - It was moved by Council Members Perkins/Henderson to authorize
the sponsorship of the Coachella Valley Recreation and Park District's
"Culturefest" in the amount of $2,200 as budgeted in line item account 101-
251-663-539 and $400 to be funded from the Special Projects Contingency
Fund. Motion carried unanimously. MINUTE ORDER NO. 2002-208.
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
CVAG Executive Committee -- Mayor Pe~a reported CVAG's Executive Director Corky
Larson has announced her retirement to be effective in January 2003. A brief
discussion ensued regarding Ms. Larson's contributions to the Valley.
CVAG Human & Community Resources Committee -- Council Member Adolph
commented on a pamphlet he forwarded to the Community Development Director
regarding childcare facilities, and noted it suggests small in-home childcare center
contact the cities for a permit before enlarging.
Desert Resorts Regional Airport Authority -- Council Member Henderson reported the
airport anticipates 400-600 airplanes to be landing at the Desert Resorts Regional
Airport during the Aircraft Operators conference being held in Palm Springs. The
Desert Resorts Regional Airport has been designated as the secondary landing site.
San Jacinto/Santa Rosa Mountain Advisory Committee -- Council Member Henderson
stated she would provide staff with a list of activities/hikes during the months of
October through December that she received from the Advisory Committee.
All other reports were noted and filed.
City Council Minutes 8 October 1, 2002
DEPARTMENT REPORTS
3-B. SELECTION OF DATE FOR HOLIDAY OPEN HOUSE.
After a brief discussion, Council concurred to schedule the Holiday Open House
event for December 1 1th.
1-A. RESPONSE TO PUBLIC COMMENT.
In response to Council Member Henderson, City Manager Genovese stated the
Public Works Department is taking care of the landscape problems referenced
by Mr. Brazil. Building & Safety Director Hartung spoke in reference to the
public comments about setbacks and commercial vehicles and stated there were
some misconceptions involved. He added an appeal has been filed regarding the
shade structure issue. As for Ms. Zappia's comments, Community
Development Director Herman stated a letter has been sent directing her to
contact the Desert Sands Unified School District regarding the School District's
proposal for a school on the site.
MAYOR AND COUNCIL MEMBERS' ITEM-~
1. DISCUSSION REGARDING THE LANDSCAPING ALONG THE WALL NEAR
AVENIDA NUESTRA AND CALLE RONDO.
Council Member Adolph stated he has received a complaint about poor
landscaping along the wall at Avenida Nuestra and Calle Rondo. He stated a
number of the plants are dead and there are a lot of weeds. He assumed the
City is responsible for maintaining the area and asked staff to look into getting
it cleaned up.
2. DISCUSSION REGARDING MEDIAN LANDSCAPING ON JEFFERSON STREET.
Council Member Adolph reported trees have been planted in the Jefferson Street
median near PGA West in front of the BIA signage. He requested staff look into
getting the trees or the signs moved.
Council Member Perkins noted similar situations have occurred with the
installation of speed limit signs.
City Council Minutes 9 October 1, 2002
Council recessed to Redevelopment Agency meeting.
Councilreconvened.
Mayor Pe~a advised of the need to reconsider Consent Item No. 3 because he has a
potential conflict of interest and must abstain from participating on that item.
MOTION - It was moved by Council Members Sniff/Adolph to reconsider Consent Item
No. 3. Motion carried unanimously. MINUTE ORDER NO. 2002-209.
CONSENT CALENDAR .......... continued
3. APPROVAL OF CONTRACT CHANGE ORDER NO. 81 AND ACCEPTANCE OF
JEFFERSON STREET IMPROVEMENTS, PHASE I, AVENUE 54 TO HIGHWAY
111, PROJECT NO. 99-05.
MOTION - It was moved by Council Members Adolph/Henderson to: 1 ) approve
Contract Change Order No. 81 in an amount not to exceed $271,477 to
compensate the contractor for home office and field overhead costs incurred as
a result of contract delays beyond the contractor's control; 2) accept Phase I
Jefferson Street Improvements - Avenue 54 to Highway 111 -Project No. 99-05
as complete; 3) authorize the City Clerk to file a Notice of Completion with the
office of the County Recorder; and 4) authorize staff to release securities in lieu
of retention held in escrow for this project 35 days from the date of recording
the Notice of Completion. Motion carried with Mayor Pe~a ABSTAINING.
MINUTE ORDER NO. 2002-210.
Council recessed to and until 7:00 p.m.
7:00 P.M.
PUBLIC COMMENT
Jack Duke, 58-007 Monroe Street, questioned why he wasn't notified that his
property had been annexed into La Quinta. He is in the process of building a home and
received a "stop work" order from Code Enforcement until he gets a building permit
from the City.
City Council Minutes 10 October 1, 2002
Community Development Director Herman stated the City sends public hearing notices
to property owners within 500 feet of the annexation area for both the Planning
Commission and City Council meetings, and LAFCO sends notices regarding their
public hearings. He added that staff can mail official notifications to property owners
once annexations have been completed.
Mayor Pe~a suggested a process be implemented whereby property owners in annexed
areas are sent a letter welcoming them to La Quinta.
In response to Council Member Henderson, Mr. Herman stated Mr. Duke's agriculture
property is now zoned Low Density Residential with an equestrian overlay.
Council Member Henderson pointed out Mr. Duke will still be allowed the agriculture
use because it was grandfathered in.
Mayor Pe~a advised staff will contact Mr. Duke to work out the code enforcement
issue.
PRESENTATIONS - None
PUBLIC HEARINGS
1. PUBLIC HEARING ON: CERTIFICATION OF ENVIRONMENTAL ASSESSMENT
2001-411 REVISED; CONSIDERATION OF SPECIFIC PLAN 2001-051,
AMENDMENT NO. 1; AND VILLAGE USE PERMIT 2001-007, AMENDMENT
NO. 1, A REQUEST TO MODIFY LAND USE AND DEVELOPMENT STANDARDS
FOR A 33-ACRE MIXED-USE PROJECT LOCATED ON THE NORTHEAST
CORNER OF EISENHOWER DRIVE AND CALLE TAMPICO. APPLICANT:
CAMEO HOMES.
The Mayor declared the PUBLIC HEARING OPEN and noted staff has
recommended this item be continued to October 15, 2002.
MOTION - It was moved by Council Members Sniff/Henderson to continue the
public hearing for the applications filed by Cameo Homes to October 15, 2002.
Motion carried unanimously. MINUTE ORDER NO, 2002-211.
City Council Minutes 11 October 1, 2002
2. PUBLIC HEARING ON: 1) SPECIFIC PLAN 2000-043, AMENDMENT NO. 2, A
REQUEST TO REMOVE SIGN PROGRAM PROVISIONS FROM POINT HAPPY
SPECIFIC PLAN; AND 2) SIGN PROGRAM 2002-629, A REQUEST TO
APPROVE SIGN STANDARDS AND SPECIFICATIONS FOR POINT HAPPY
COMMERCIAL CENTER LOCATED AT THE NORTHWEST CORNER OF
WASHINGTON STREET AND HIGHWAY 111. APPLICANT: MADI$ON/P.T.M.
LA QUINTA LLC.
The Mayor declared the PUBLIC HEARING OPEN.
Community Development Director Herman presented the staff report.
Council Member Adolph asked if the signage shown in the elevations in Figure
18 is in proportionate size to how the signage will actually look, to which Mr.
Herman responded "yes."
Rick Wilkerson, of Madison/P.T.M. stated he is available to answer questions.
Council Member'Henderson indicated she would like to see the Specific Plan
amended to require a wall between Del Taco and the storm channel.
Mr. Wilkerson stated they are willing to construct berming and a combination
block/wrought iron wall along the north elevation from the Del Taco menu board
to the trash enclosure. They will also redo the landscaping along that area and
plan to continue the same look across the back portion of the project. He
stated the Del Taco property is owned by the franchise, and he's not sure what
is required to construct a wall on someone else's property. He didn't feel it
would be a problem since one of the Specific Plan conditions of approval states
that additional screening may be required, and the fact that a wall will help
screen the restaurant from the bridge graffiti and homeless individuals living
under the bridge.
In response to Mayor Pe~a, City Attorney Jenson confirmed the Specific Plan
runs with the Del Taco property but added it doesn't give the right to construct
a wall without the property owner's permission.
Mr. Wilkerson stated the indication he received from the franchise owner in the
past was that he would like to see a wall constructed.
Ms. Jenson suggested adding a condition requiring the developer to construct
a wall, subject to receiving the consent from the property owner prior to
construction.
City Council Minutes 12 October 1, 2002
Mr. Wilkerson referenced Condition No. 52 of the Specific Plan, which states
"Design articulation and enhanced landscaping of all buildings along on all north
elevations (i.e. rear elevations facing the channel) shall be required."
There being no other requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED.
RESOLUTION NO. 2002-136
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING THE DELETION OF SIGN PROGRAM PROVISIONS
FROM THE SPECIFIC PLAN FOR A COMMERCIAL CENTER AT THE
NORTHWEST CORNER OF WASHINGTON STREET AND HIGHWAY 111
(SPECIFIC PLAN 2000-043, AMENDMENT NO. 2 MADISON/P.T.M.
LA QUINTA LLC).
It was moved by Council Members Sniff/Adolph to adopt Resolution No.
2002-136 as amended (modifying Condition No. 52 to include the construction
of a block/wrought iron wall, subject to the consent of the property owner).
Motion carried unanimously.
RESOLUTION NO. 2002-137
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A PLANNED SIGN PROGRAM FOR A COMMERCIAL
CENTER AT THE NORTHWEST CORNER OF WASHINGTON STREET AND
HIGHWAY 111 (SIGN PROGRAM 2002-629 - MADISON/P.T.M. LA QUINTA
LLC).
It was moved by Council Members Adolph/Henderson to adopt Resolution No.
2002-137 as submitted. Motion carried unanimously.
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