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2002 10 15 CC Minutes LA QUINTA CITY COUNCIL MINUTES OCTOBER 15, 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 - 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 - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS 1. PRESENTATION TO THE FINANCE DIRECTOR AND THE CITY COUNCIL OF A CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING FROM THE GOVERNMENT FINANCE OFFICERS ASSOCIATION OF THE UNITED STATES AND CANADA. City Manager Genovese congratulated the Finance Department and the City Council for receiving a Certificate of Achievement for excellence in financial reporting from the Government Finance Officers Association of the United States and Canada. City Council Minutes 2 October 15, 2002 Mayor Pe~a presented the award to the Finance Department consisting of: Finance Director John Falconer, Accounting Manager Amy Swan-Draper, Financial Services Assistant Diane Martin, Account Technicians Pat Parker and Sharon Christiansen, Account Clerk Missy Mendoza, and Accounting Secretary Vianka Orrantia. WRITTEN CORRESPONDENCE - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of October 1, 2002, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 15, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT DATED AUGUST 31, 2002. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED AUGUST 31, 2002, AND THE INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING SEPTEMBER 30, 2002. 4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28545-2, LA QUINTA HOTEL AND RESORTS, KSL DESERT RESORTS, INC. AND AUTHORIZATION TO ENTER INTO A SEPARATE SUBDIVISION IMPROVEMENT AGREEMENT FOR IMPROVEMENTS ALONG AVENIDA FERNANDO. 5. APPROVAL OF AND AUTHORIZATION TO SEND OUT A REQUEST FOR PROPOSALS (RFP) FOR PURCHASE OF FINANCIAL SOFTWARE APPLICATIONS AND APPOINT A SELECTION COMMITTEE. MOTION - It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended. Motion carried unanimously. MINUTE ORDER NO. 2002-212. City Council Minutes 3 October 15, 2002 BUSINESS SESSION 1. CONSIDERATION OF A REQUEST FOR FUNDING RECEIVED FROM THE BOB HOPE CHRYSLER CLASSIC. Assistant City Manager Weiss presented the staff report. John Foster, President of the Bob Hope Chrysler Classic, asked Council to approve the increased funding because the costs for traffic control and soil stabilization is expected to increase to $90,000 this year. He commented on the benefit to the City of having the host golf course in La Quinta. In response to Council Member Adolph, Mr. Foster stated the majority of the security costs for deputies is for traffic control on the streets. They have hired additional security to be on the golf course. Council Member Adolph expressed support for the funding request. In response to Council Member Henderson, Mr. Foster stated the stabilization costs are about the same as prior years. It is the security costs that have increased. In response to Council Member Henderson, Mr. Weiss stated the marketing fund has in excess of $30,000 available to use for this purpose. MOTION - It was moved by Council Members Perkins/Henderson to approve the funding request by the Bob Hope Chrysler Classic for an additional appropriation of $25,000 from the State Citizens' Option for Public Safety (COPS) Fund and, if needed, any shortage amount to be taken from the marketing fund. Motion carried unanimously. MINUTE ORDER NO. 2002-213. 2. CONSIDERATION OF A REIMBURSEMENT AGREEMENT FOR PARKWAY LANDSCAPING IN THE EISENHOWER DRIVE AND AVENUE 50 STREET RIGHT- OF-WAY ADJACENT TO THE LA QUINTA COUNTRY CLUB AND ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). Public Works Director Jonasson presented the staff report. Council Member Henderson voiced concern about the desertscape, noting that the City entered into an agreement with the La Quinta Hotel a few years ago to place enhanced landscaping in the Eisenhower median fronting the hotel. City Council Minutes 4 October 15, 2002 Mr. Jonasson pointed out the median includes some desertscape landscaping. City Manager Genovese commented on the difficulty the City had in getting approval from CVWD to plant non-typical landscaping in the median. He noted it may be easier to get the homeowners association to approve maintenance of desertscape landscaping. In response to Council Member Adolph, Mr. Jonasson stated he was not aware of any plans by the La Quinta Country Club to construct a sound wall but noted there are no homes adjacent to the wall area in question. David Erwin, representing La Quinta Country Club, stated the proposed desertscape landscaping is somewhat enhanced, and that he felt the hotel will be pleased that the maintenance gate on Eisenhower Drive will be eliminated. He stated they are willing to discuss enhanced landscaping if the hotel is willing to participate in the costs. He stated the wall design will be similar to the Hacienda wall. Council Member Perkins suggested La Quinta Country Club contact the hotel as a courtesy. Council Member Sniff stated he supports the request but doesn't see any harm in contacting the hotel. Mayor Pe~a also spoke in support of the request. He didn't feel the landscaping would be that much of an impact to the hotel since it is past their entrance. Mr. Erwin advised they will contact the hotel and bring the landscape plan back to Council if needed. RESOLUTION NO. 2002-138 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-138 as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to approve a Reimbursement Agreement between the City and La Quinta Country Club for parkway improvements at Eisenhower Drive and Avenue 50. Motion carried unanimously. MINUTE ORDER NO. 2002-214. City Council Minutes 5 October 15, 2002 3. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION ON VIOLATION OF FRONT/SIDE YARD SETBACK, SATELLITE DISH LOCATION, AND CONSTRUCTION WITHOUT A PERMIT AT 53-750 AVENIDA OBREGON. APPELLANT: BILL AND JAN TURNER. Community Development Director Herman presented the staff report. In response to Mayor Pe~a, Building & Safety Director Hartung confirmed the shade structure encroaches into the right-of-way approximately one foot. Council Member Adolph asked about the permit requirements. Mr. Hartung advised any structure over 120 sq. ft. of roof area must have a permit but a permit was not issued for this structure, nor would it have been approved because of the setback violations. In response to Council Member Sniff, Mr. Hartung advised shade structures are permitted if out of the setback area. A number of residents have been notified about the shade structures on their properties in the Cove but citations are on hold pending Council's action on this item. He confirmed the City has similar shade structures along the Bear Creek Bike Path and at the Fritz Burns Park. In response to Council Member Henderson, Mr. Hartung stated, typically, the front of the garage is constructed on the setback line. Jan & William Turner explained they didn't realize a permit was required to install a canopy to shade their vehicles. The shade is needed because their vehicles are too tall to fit into their garage. Mrs. Turner commented on the need for shade structures to provide shade for vehicles and the number of such structures throughout the Cove. The setback requirement prohibits her from putting up any type of shade structure for her vehicles because she is located on a corner. She was unable to get information from the City on similar violations. Mr. Turner stated the shade structure is bolted to the ground for safety reasons. He questioned the structure being classified as a public nuisance and noted it's not a $29.95 canopy. In response to Mayor PeSa, Mr. Turner stated he wouldn't have a problem with his neighbor installing a $29.95 canopy if it's needed for shade. Mrs. Turner stated they are looking for alternative suggestions to provide shade for their vehicles. City Council Minutes 6 October 15, 2002 Mayor Pe~a asked if City standards would allow the garage door to be raised to accommodate their vehicles, to which Mr. Hartung responded "yes." Mrs. Turner stated they were not aware of the 12-foot easement for a sidewalk and that they would be willing to move the shade structure should the City decide to install a sidewalk. Council Member Henderson stated she didn't recall sidewalks being planned on the Cove interior streets. Mr. Hartung stated the easement is City property and no structures are allowed within that area. In response to Council Member Henderson, he stated he would research the Code to find out if retractable awnings are allowed. Council Member Sniff stated he feels the need for shade structures is prevalent in the area and supports staff looking at the use of retractable awnings or other alternatives. He did not feel the Turner's shade structure is totally unattractive and would like to find a reasonable and logical solution to the matter. Council Member Adolph agreed the Turner's structure is tasteful but noted some of the other awnings are not. As for retractable awnings, he commented on the need for automatic wind sensors to avoid them being ripped off by the wind. Mrs. Turner stated she would like to have her needs addressed without taking away from someone else or reducing property values. Mr. Turner stated they installed the awning to upgrade their property and can reduce the height of the structure. In response to Council Member Perkins, Mr. Hartung stated the shade structure is also approximately one foot into the side yard setback. Council Member Perkins agreed the Turner's canopy looks nice but felt it's hard to know how to draw the line and define what looks "nice." City Attorney Jenson pointed out the Council does not have the discretion to approve a structure in the 25-foot setback area but can continue the appeal if they wish to consider amending the Municipal Code. Council Member Sniff suggested continuing the appeal and directing staff to research potential modifications to the Code. Mayor Pe~a stated regulations are set to keep property values at a reasonable level and it's an ongoing battle to enforce them. He felt garages should be used City Council Minutes 7 October 15, 2002 for vehicles and not as a storage area. He felt opening the door to allow shade structures would become a problem because of the difficulty in controlling them. He noted not everyone can afford "nice" shade structures but may cry that they need shade too. He was sympathetic to the Turner's need but didn't want to deviate from current standards. Council Member Henderson wished to have staff take a look at the gazebos and umbrella-like structures in the Cove that may be in the setback area. In response to Mayor PeSa, Mrs. Turner stated they will remove the satellite dish. MOTION - It was moved by Council Member Sniff to continue the appeal until a report is received back from staff. Motion failed due to lack of a second. Council Member Henderson stated she felt the issue should be dealt with and that the appeal should have an opportunity to wait until a determination is made on the entire issue. Council Member Adolph stated he understood her concern but noted there is a setback violation involved. Council Member Sniff stated he didn't feel the Turners should be compelled to remove their structure if possible modifications to the Code are going to be considered. Council Member Perkins suggested continuing the appeal for 60 days while staff looks into options for changing the ordinance. MOTION - It was moved by Council Members Sniff/Henderson to continue the appeal by Bill and Jan Turner for 60 days. Motion carried with Mayor Pe~a voting NO. MINUTE ORDER NO. 2002-215. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to research potential options for providing shade structures in the setback area for possible modifications to the ordinance. Council Member Henderson stated she wouldn't support any structures within the right-of-way, and that what may be acceptable to her would be flat and well-defined awnings that are bolted down. Mr. Hartung advised the structures have to be engineered to fall within the Building Code. City Council Minutes 8 October 15, 2002 Mr. Herman asked if Council wished for staff to look at temporary or permanent structures, to which Council Member Sniff responded "both." Council Member Perkins voiced concern about changing the Code to accommodate a situation which might result in a ripple effect through the community. Council Member Adolph commented on a cantilevered, non-retractable awning that he saw installed that the manufacturer claims will withstand 80 mph winds. Mayor Pe~a stated he doesn't want anything approved that is not structurally sound. He was concerned about opening up a "can of worms" and lessening City standards. Council Member Henderson suggested the Turners not make costly modifications to their structure until the Council decides whether or not to modify the Code. Motion carried unanimously. MINUTE ORDER NO. 2002-216. 4. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.60, SECTION 2.60.020 (DESIGNATED EMPLOYEES - DISCLOSURE CATEGORIES) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO "CONFLICT OF INTEREST CODE." 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. 377 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 SECTION 2.60.020 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE. It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 377 on first reading. Motion carried by the following vote: City Council Minutes 9 October 15, 2002 AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 5. CONSIDERATION OF ENDORSEMENT OF PROPOSITION 50, THE CLEAN WATER AND COASTAL PROTECTION BOND. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Henderson suggested taking a "no position." Council concurred. MOTION - It was moved by Council Members Sniff/Adolph to take a "no position" stance on Proposition 50. Motion carried unanimously. MINUTE ORDER NO. 2002-217. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Desert Sands Unified School District Ad Hoc Committee -- Council Member Sniff reported there was some discussion at the September 25th meeting about traffic concerns on Dune Palms Road as it relates to the schools. City Manager Genovese stated staff is continuing to work with the School District on the traffic issue. Council Member Henderson stated she has forwarded information to staff regarding lighted stop signs for school crossing guards to use. Mayor Pe~a commented on the number of people ignoring flashing red lights on school buses and suggested the City's deputies be made aware of the problem. CrAG Personnel Committee -- Mayor Pe~a reported applications for CVAG's Executive Director are being accepted with interviews scheduled for December 13, 2002. CrAG Energy & Environmental Resources Committee -- Council Member Sniff stated the Committee has voted (on a 7-1 vote with Palm Desert voting no) to locate a City Council Minutes 10 October 15, 2002 transfer station at Edom Hill. Palm Desert's opposition was based on the County's agreement to compensate Cathedral City $1 per ton for wear and tear on city streets. There was also agreement for possibly an adjacent site for a co-generation facility when it becomes feasible. Palm Desert is considering their own transfer station or using Burtec in Coachella. San Jacinto/Santa Rosa National Monument Advisory Committee -- Council Member Henderson stated Denala George, of BLM, took a field trip to the Cove Oasis last week and was impressed with what the City has done there. She stated several events are planned on October 29th to celebrate the second anniversary of the Monument, including a BBQ at the Indian Canyons in Palm Springs. Sometime in November officials will be doing a "before and after" view of the Monument and Ms. George would like to have that activity at the Cove Oasis. Ms. George has also suggested Gamby be present at the October 29th meeting. All other reports were noted and filed. DEPARTMENT REPORTS Council Member Henderson commented on the interest generated by the notice in the Chamber of Commerce newsletter regarding the need for volunteers to work at the Police substation. She suggested running the notice a second time and maybe include in the mid-monthly mailer. MAYOR AND COUNCIL MEMBERS' ITEM-~ - None Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Financing Authority meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. City Council Minutes 11 October 15, 2002 PUBLIC COMMENT Chevis Hosea, 2100 Costa Del Mar, La Costa, of KSL, stated he learned only yesterday that a request for conditional approval for Tract 30721 had not been included in the requested actions and was therefore not on the agenda. He advised of the need to have the conditional approval before the start of their fiscal year on October 31,2002, and requested the matter be added to the agenda for consideration. City Attorney Jenson advised the matter may be added to the agenda pursuant to Government Code Section 54954.2(b) (2), if certain findings are made. The findings would be there is a need to take immediate action and that the need for action came to the attention of the local agency subsequent to the posting of the agenda. MOTION - It was moved by Council Members Sniff/Henderson to add consideration of a resolution granting conditional approval of Tract 30721 (KSL Land Corporation) as Business Item No. 6 based on the findings that there is a need to take immediate action and the need to take action arose subsequent to the posting of the agenda. Motion carried unanimously. MINUTE ORDER NO. 2002-218. Daryl Wolf, 53-660 Avenida Herrera, spoke regarding two awnings he erected in his front yard area, behind a block wall. He asked the Council to consider allowing these structures in the front yard setback to provide needed shade for plants and his koi pond. PRESENTATIONS - None PUBLIC HEARINGS 1. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL ASSESSMENT 2001-411 REVISED; 2) CONSIDERATION OF SPECIFIC PLAN 2001-051 AMENDMENT NO. 1, A REQUEST TO MODIFY LAND USE AND DEVELOPMENT STANDARDS FOR A 33-ACRE MIXED LAND USE PROJECT LOCATED ON THE NORTHEAST CORNER OF EISENHOWER DRIVE AND CALLE TAMPICO; AND 3) VILLAGE USE PERMIT 2001-007 AMENDMENT NO. 1, A REQUEST TO DEVELOP A 200- UNIT APARTMENT COMPLEX AND TWO COMMERCIAL BUILDINGS ON 12.04 ACRES WITHIN PLANNING AREAS 1 AND 2. APPLICANT: CAMEO HOMES. (Continued from the meeting of October 1, 2002.) The Mayor declared the PUBLIC HEARING OPEN at 7:13 p.m. City Council Minutes 12 October 15, 2002 Community Development Director Herman presented the staff report. Victor Mahoney, representing Cameo Homes, requested four conditions of approval in the Specific Plan and Village Use Permit be amended. He asked that Condition No. 29 of the Specific Plan be eliminated and that Condition No. 13 be modified to read, "Landscape plans .... shall be submitted to the P/ann/ng Department for review and approval..." He further requested Condition No. 68(D) of the Village Use Permit be changed to read, "A concept landscaping plan .... shall be submitted to the Plann/ng Department for review and approval ...", and that Condition No. 101 be amended to specify that the tot lot shall not contain play equipment. He stated the project's insurance company will not approve the use of play equipment. Council Member Adolph asked what type of use could be placed in the tot lot area. Mr. Mahoney stated they had considered lawn bowling. Council discussed and agreed the area should be reserved for the use of children rather than lawn bowling, even if initially no play equipment is installed. In response to Council Member Adolph, Mr. Herman stated the heights of the two-story buildings range up to 30 feet and the tower will not exceed 40 feet, both of which meet the Village standards. Kay Wolff, 77-227 Calle Ensenada, listed her concerns regarding density of apartment projects, the size of the living units, allowing parking deviations, and density bonuses. Mr. Herman responded the density bonuses are allowed as a result of the site being reserved for Iow income units. Council Member Perkins asked about the distance between the proposed school entrance and exit and the public access for this site. Public Works Director/City Engineer Jonasson replied he did not have the exact figures but a quick calculation appeared to be approximately 250 feet from Calle Tampico to the school entrance and 500 feet from the school entry to the apartment project main entrance. In response to Council Member Sniff, Chris Bergh, of MDS Consulting, stated moving the main entrance further south would spoil the view corridor through the site and would place it too close to the emergency access on Eisenhower Drive. City Council Minutes 13 October 15, 2002 Council Member Henderson expressed concern about the Planning Commission requirement to provide a pedestrian easement to the Village area. She questioned it comprising a short cut to the Village since the distance from the front of the property through the site to the easement would be the same distance as using the sidewalks on Eisenhower Drive and Calle Tampico. Council Member Perkins concurred and felt the easement might also create a safety problem at night. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:19 p.m. RESOLUTION NO. 2002-139 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A REVISED MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2001- 411 PREPARED FOR SPECIFIC PLAN 2001-051 AMENDMENT NO. I AND VILLAGE USE PERMIT 2001-007 AMENDMENT NO. I (CAMEO HOMES). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-139 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-140 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING MODIFICATIONS TO THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A MIXED LAND USE DEVELOPMENT ON APPROXIMATELY 33 ACRES LOCATED ON THE NORTHEAST CORNER OF EISENHOWER DRIVE AND CALLE TAMPICO (SPECIFIC PLAN 2001-051 AMENDMENT NO. I - CAMEO HOMES). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-140 as amended (modifying Condition No. 13 to read, "Community Development Department" in place of Architecture and Landscape Review Committee; and deleting Condition No. 29). Motion carried unanimously. RESOLUTION NO. 2002-141 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT CHANGES TO A MIXED LAND USE PROJECT ON APPROXIMATELY 33 ACRES LOCATED ON THE NORTHEAST CORNER OF EISENHOWER DRIVE AND CALLE TAMPICO (VILLAGE USE PERMIT 2001-007 AMENDMENT NO. I - CAMEO HOMES). City Council Minutes 14 October 15, 2002 It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-141 as amended (modifying Condition No. 68(D) to read, "Community Development Department" in place of Architecture and Landscape Review Committee; and deleting Condition No. 101). Motion carried unanimously. 2. PUBLIC HEARING ON ZONING CODE AMENDMENT 2002-072, A REQUEST TO AMEND CHAPTER 9.60.030 - FENCES AND WALLS - OF THE LA QUINTA CHARTER AND MUNICIPAL CODE TO PERMIT SPLIT-RAIL FENCING IN THE FRONT YARD WITHIN RESIDENTIAL ZONES. The Mayor declared the PUBLIC HEARING OPEN at 8:27 p.m. Community Development Director Herman presented the staff report. Council Member Henderson asked if the proposed ordinance is meant to allow the use of wood only and rule out all other products, such as the new PVC and compressed wood products. Mr. Herman confirmed the intent of the ordinance is to permit wooden split rails only. Robert Tyler, 44-215 Villeta Drive, spoke regarding his recent investigation of man-made products for an outside deck, and stated he felt the products do not have the appearance or quality of real wood. (speaker name inaudible), 54-218 Rubio, addressed the Council regarding her preference for the non-wood products on the market because they are Iow maintenance and require no painting. Mayor Pe~a indicated he wouldn't want to see a lot of 2X4 fences constructed in front yards. Council Member Perkins remarked lumber stores carry split rails for fencing and would know what type of wood is described as split rail. He agreed the man- made products have the same appearance as wood and are easier to maintain. Council Member Adolph stated he feels the fencing materials would be much better utilized on block or brick columns. He said the wood posts anchored into the ground have a tendency to loosen up over time and cause the rails to sag. Council Member Sniff stated he felt the options should be left open for use of other products on the market, now or in the future. City Council Minutes 15 October 15, 2002 There being no other discussion, the Mayor declared the PUBLIC HEARING CLOSED at 8:41 p.m. City Attorney Jenson suggested adding the wording "or other similar appearing non-wood product," after the words "... split two rail wood", wherever it appears in the proposed ordinance. She also suggested adding a mandatory finding to the Zoning Code Amendment to require a permit prior to erecting this type of fence. MOTION - It was moved by Council Members Sniff/Adolph to take up Ordinance No. 378 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO. 378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.60 SECTION 9.60.030 - FENCES AND WALLS - OF THE LA QUINTA CHARTER AND MUNICIPAL CODE TO PERMIT SPLIT-RAIL FENCING IN THE FRONT YARD WITHIN RESIDENTIAL ZONES (ZCA 2002-073 - CITY OF LA QUINTA). It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 378 as amended (adding the wording "or other similar appearing non-wood product," after the words "... split two rail wood", everywhere it appears in the ordinance; and adding a finding requiring a permit prior to constructing this type of fence). Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None JOINT PUBLIC HEARINGS WITH THE LA QUINTA REDEVELOPMENT AGENCY 3. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE REDEVELOPMENT AGENCY TO CONSIDER A PROPOSED DISPOSITION AND DEVELOPMENT AGREEMENT (DDA) BETWEEN THE REDEVELOPMENT AGENCY AND SENIOR AFFORDABLE HOUSING CORP NO. 3 (SAHC); THE PURPOSE OF THE HEARING IS TO RECEIVE PUBLIC TESTIMONY ON THE PROPOSED DDA FOR AFFORDABLE COVENANTS WITH SAHC THAT WOULD FACILITATE SAHC TO CONSTRUCT 80 SENIOR RENTAL UNITS ON PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ADAMS STREET AND AVENUE 47; SAHC WILL MAKE THE UNITS AVAILABLE AT AFFORDABLE RENTAL RATES. City Council Minutes 16 October 15, 2002 The Mayor declared the PUBLIC HEARING OPEN at 8:45 p.m. Community Development Director Herman and Redevelopment Agency Consultant Frank Spevacek presented the staff report. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:50 p.m. RESOLUTION NO. 2002-142 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DISPOSITION AND DEVELOPMENT AGREEMENT BY AND BETWEEN THE LA QUINTA REDEVELOPMENT AGENCY AND SENIOR AFFORDABLE HOUSING CORP. NO. 1. It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-142 as submitted. Motion carried unanimously. BUSINESS SESSION ........... continued 6. CONSIDERATION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR TRACT 30721. Mayor Pe~a noted this matter was added to the agenda upon findings of subsequent need (see 7:00 p.m. Public Comment). City Attorney Jenson provided a sample resolution with the language needed to adopt a resolution granting conditional approval of Tract 30721. RESOLUTION NO. 2002-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING CONDITIONAL FINAL MAP APPROVAL OF 30721. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-143 as submitted (showing language recommended by the City Attorney). Motion carried unanimously. City Council Minutes ] 7 October ] 5, 2002 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