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2002 11 05 CC Minutes LA QUINTA CITY COUNCIL MINUTES NOVEMBER 5, 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 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. 2. 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 at the southeast corner of Highway 111 and Washington Street (APNs 643-020-017, 018, and 023), Washington Square. Property Owner/Negotiator: Dale Frank. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT Robert Tyler, 44-21 5 Villeta Drive, expressed appreciation for the artwork dedicated at the Point Happy development. CONFIRMATION OF AGENDA - Confirmed City Council Minutes 2 November 5, 2002 ANNOUNCEMENTS - None PRESENTATIONS Mayor Pe~a presented a proclamation to John Strong, of the Chronic Obstructive Pulmonary Disease Coalition, proclaiming November COPD Awareness Month. Mayor Pe~a led the audience in a moment of silence in memory of Mike Smith, of Warner Engineering, who passed away on November 2n~. WRITTEN CORRESPONDENCE 1. LETTER FROM THE LA QUINTA ARTS FOUNDATION REGARDING DESERT PLEIN AIR. Community Services Director Horvitz explained the Arts Foundation is inquiring as ~o whether or not the City would like to participate in the Civic Purchase Award Program for the Desert Plein Air event. In response to Council Member Adolph, Christi Salamone, of the La Quinta Arts Foundation, confirmed there will be a showing and gave a brief presentation on the art event. Council Member Sniff requested the item be placed on a future agenda for consideration. Council Member Henderson agreed and requested information on the increase in the budget for the purchase of art. 2. LETTER FROM SOUTHWEST COMMUNITY CHURCH REGARDING MUSIC PROGRAM SPONSORSHIP. Daniel Parkins, of Southwest Community Church, stated they would like to hold a concert/speaker event in the Civic Center parking lot for the purpose of providing a positive event for college students in the community. In response to Mayor Pe~a, he explained they prefer not using their own parking lot because some people won't attend an event on church property. City Council Minutes 3 November 5, 2002 Council Member Henderson questioned where cars would park if the parking lot is used for the concert and suggested the Sports Complex as a more appropriate site for the event. Council Member Sniff concurred. In response to Council Member Adolph, Community Services Director Horvitz stated she would like to talk to the group but wasn't sure the Civic Center Campus amphitheater would be an appropriate location if the group has their own sound system and stage equipment. Council concurred to direct staff to discuss possible sites with the church youth group. APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of October 15, 2002, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 5, 2002. 2. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO ANIMAL CONTROL OFFICERS TO ATTEND THE NATIONAL ANIMAL CONTROL ASSOCIATION'S TRAINING ACADEMY IN PHOENIX, ARIZONA, JANUARY 13-17, 2003. 3. DENIAL OF CLAIM FOR DAMAGES FILED BY JACKOLYN MAISON, DATE OF LOSS: SEPTEMBER 7, 2002. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY MARK B. MARIANI, DATE OF LOSS: APRIL 20, 2002. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY CHRISTINE LEONOVICH, DATE OF LOSS: SEPTEMBER 5, 2002. 6. APPROVAL OF THE CULTURAL ARTS COMMISSION'S RECOMMENDATION FOR TWO PERFORMING ARTS EVENTS. 7. ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF A GEM CAR FROM THE NATIONAL PARK SERVICE. (RESOLUTION NO. 2002-144) City Council Minutes 4 November 5, 2002 8. APPROVAL OF FISCAL YEAR 2001/2002 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 9. ACCEPTANCE OF CITYWIDE PARK IMPROVEMENTS PROJECT NO. 2002-02. 10. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE MISCELLANEOUS IMPROVEMENT PROJECTS, PROJECT NO. 2001-09. 11. APPROVAL OF AWARD OF CONTRACT TO CONSTRUCT THE FISCAL YEAR 2001/2002 TRAFFIC SIGNAL IMPROVEMENT PROGRAM, PROJECT NO. 2001-10. 12. AUTHORIZATION TO ADD THE WASHINGTON STREET/MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS TO THE FISCAL YEAR 2002/2003 CAPITAL IMPROVEMENT PLAN AND TO ADOPT A RESOLUTION APPROVING A PROJECT APPLICATION FOR FISCAL YEAR 2002/2003 MSRC COACHELLA VALLEY PM-10 REDUCTION PROGRAM GRANT FUNDING FOR THE WASHINGTON STREET/MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS. (RESOLUTION NO. 2002-145) 13. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 29351, LA QUINTA CORPORATE CENTER, 111 VENTURE LLC. 14. ADOPTION OF A RESOLUTION APPROVING THE APPLICATION FOR A FISCAL YEAR 2002/2003 MSRC COACHELLA VALLEY PM-10 REDUCTION PROGRAM GRANT FOR PURCHASE OF A TYMCO MODEL 600 CNG STREET SWEEPER OR APPROVED EQUAL. (RESOLUTION NO. 2002-146) 15. AUTHORIZATION TO JOIN AN AMICI CURIAE BRIEF IN SUPPORT OF: 1 ) CITY OF LONG BEACH IN THE CITY OF LONG BEACH V. STATE OF CALIFORNIA DEPARTMENT OF INDUSTRIAL RELATIONS, SECOND DISTRICT COURT OF APPEAL, CASE NO. B159333, AND 2) CITY OF MORGAN HILL IN SAN JOSE CHRISTIAN COLLEGE V. CITY OF MORGAN HILL (NINTH CIRCUIT COURT OF APPEAL, CASE NO. 02-15693). MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item Nos. 7, 12, and 14 being approved by RESOLUTION NOS. 2002-144 through 2002-146 respectively. Council Member Henderson complimented staff and the Cultural Arts Commission on Item No. 6. She also complimented the Finance Director for working out several issues with the BIA related to Item No. 8. Motion carried unanimously. MINUTE ORDER NO. 2002-219. City Council Minutes 5 November 5, 2002 BUSINESS SESSION 1. SECOND READING OF ORDINANCE NO. 377 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60, SECTION 2.60.020 RELATING TO THE CITY OF LA QUINTA CONFLICT OF INTEREST CODE. It was moved by Council Members Sniff/Adolph to adopt Ordinance No. 377 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. SECOND READING OF ORDINANCE NO. 378 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 9.60, CHAPTER 9.60.030 - FENCES AND WALLS - OF THE LA QUINTA MUNICIPAL CODE TO PERMIT SPLIT RAIL FENCING IN THE FRONT YARD WITHIN RESIDENTIAL ZONES (ZOA 2002-073). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 378 on second reading. Council Member Adolph stated he assured a concerned resident that this will not open the door to other fencing being allowed. Council Member Henderson noted citizens can always ask for items to be reconsidered. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pe~a NOES: None ABSENT: None ABSTAIN: None 3. CONSIDERATION OF ADDITIONAL INFORMATION PROVIDED BY THE LA QUINTA ARTS FOUNDATION. Mayor Pe~a abstained due to a potential conflict of interest and left the dais. City Council Minutes 6 November 5, 2002 Community Services Director Horvitz presented the staff report. Christi Salamone, of the La Quinta Arts Foundation, stated she hopes the City will consider the marketing partnership being valuable. Council Member Henderson commented on the number of Arts Foundation events being held outside the City. She felt it's probably due to the need for donations for their building but wasn't sure if it's part of their long-range plan. She would like to have a status report on the site improvements per the Specific Plan and an update on as to when a Certificate of Occupancy is expected to be issued. She noted the Plein Air event wrapping up at The River project in Rancho Mirage doesn't showcase La Quinta. She would like to know what progress is being made on the Arts Foundation site and how any problems might get settled. She asked if there was a legal problem having two different names on the contract. City Attorney Jenson advised a letter from the Arts Foundation substituting the new name on the contract would be sufficient. Council Member Adolph stated he has been assured by Ms. Salamone that the Arts Foundation is on tract and is taking care of the problems. He presumed the event is wrapping up at The River because of the expense at the La Quinta Hotel. In response to Council Member Perkins, Ms. Jenson confirmed he does not have a conflict of interest on this matter because the contract is apart from the site location. Council Member Perkins commented on the organization's importance to the City and stated he will support the request as long as City funds allow. Mayor Pro Tem Sniff noted the issue is whether or not the additional information is sufficient to release the $100,000 budgeted last June. Council Member Henderson voiced concern about multiple events being held outside the City and felt the Council may want to reconsider future funding if that is going to continue. She felt the funds might be better spent on the site and that there may be a higher priority where the dollars should go. Mayor Pro Tem Sniff questioned it being appropriate to consider reallocating funds that have already been budgeted. He feels the site is a separate issue, and noted the Arts Foundation carries the La Quinta flag wherever it goes. City Council Minutes 7 November 5, 2002 Council Member Adolph stated it was Council Members Sniff and Henderson that requested the additional information and they should state whether or not the information provided is sufficient. He stated the Arts Foundation will be holding other art events on the La Quinta site. Council Member Henderson noted that depends on whether or not a Certificate of Occupancy is issued. Mayor Pro Tern Sniff suggested a two-week continuance to get a report back from staff on the status of the site and what is needed to issue a Certificate of Occupancy. Council Member Henderson agreed and stated she wasn't proposing a reallocation of funding unless it's agreeable to the Arts Foundation. MOTION - It was moved by Mayor Pro Tern Sniff and Council Member Henderson to continue consideration of additional information by the La Quinta Arts Foundation to November 19, 2002. Council Member Adolph agreed but stated he feels it's important to move forward when the matter is brought back for consideration. Motion carried with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2002-220. 4. CONSIDERATION OF PHASE II OF FRITZ BURNS PARK IMPROVEMENTS TO INCLUDE A SKATE PARK FACILITY. Mayor Pe~a abstained due to a potential conflict of interest and left the dais. Community Services Direction Horvitz presented the staff report. Council Member Perkins and Henderson expressed support for the skate park facility. Mayor Pro Tem Sniff stated he didn't feel the proposed skate park is a total solution but agrees it's time to build one. He asked about the capacity and potential for excessive noise. He also asked about the life expectancy of the materials and how hot they might get. Ms. Horvitz stated the composite material is warranted for five years, and the heat radiated by the powder-coated metal will not be any hotter than other City Council Minutes 8 November 5, 2002 materials. She added the skate park will accommodate up to 40 skaters at one time. Council Member Adolph stated he feels the skate park is a more viable use and will be a better place for youths to skate. In response to Mayor Pro Tem Sniff, Ms. Horvitz stated the configuration will be for beginners and intermediate users but can be reconfigured for more advanced skaters. MOTION - It was moved by Council Members Henderson/Adolph to authorize the modification to Phase II of Fritz Burns Community Park Improvements to include a modular skate park facility and to authorized staff to solicit bids for the project. Motion carried with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2002-221. STUDY SESSION 1. DISCUSSION OF POTENTIAL LOCATION FOR A DOG PARK FACILITY. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz stated the Community Services Commission is recommending the Senior Center site but did not see the Fritz Burns Community Park site. Council Member Perkins expressed concern about the palm trees surviving in a dog park environment. In response to Council Member Henderson, Ms. Horvitz confirmed turf in a dog park is a maintenance problem. Council Member Henderson stated she suggested the idea with the intent of designating a temporary site to find out what problems might come from having a dog park. Council Member Sniff agreed with the need but voiced concern about the noise being intrusive at the Senior Center site. He felt a dog park at the Fritz Burns Park site could be implemented easily and would enhance the park. Council Member Adolph concurred. City Council Minutes 9 November 5, 2002 In response to Council Member Adolph, Ms. Horvitz stated the acreage is measured from the property line. Council Member Perkins suggested dividing the dog park into two areas based on size of the dogs. He noted the number of palm trees at the Senior Center site would interfere with pet owners throwing balls for the dogs. He preferred the Fritz Burns Park site. Mayor Pe~a noted the Fritz Burns Park is used heavily on the weekends and a dog park would take away from available space. He didn't feel the current uses would be compatible with a dog park, and noted restrooms are available at the Senior Center. Council Member Sniff noted the Senior Center facility (and restrooms) are closed on weekends. Council Member Henderson stated she doesn't feel the Senior Center site should remain the way it looks now and that Council should decide if all the palm trees are going to remain on the site. She noted the Fritz Burns Park site would need a shade structure and the Senior Center site already has trees for shade. Council Member Perkins stated he feels either site would be temporary. He suggested going with the Fritz Burns Park site and looking for a more permanent site if a big response to the dog park is received. Mayor Pe~a voiced concern that a dog park would detract from the looks of the Fritz Burns Park. He also noted the Fritz Burns Park will have higher usage once the skate park is built. Council Member Perkins suggested taking another look at the size of the two sites. Council Member Henderson suggested looking at the possibility of removing some of the trees at the Senior Center site. Ms. Horvitz summarized that staff will come back with the square footage and fence placement on both sites. REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. City Council Minutes 10 November 5, 2002 DEPARTMENT REPORTS City Attorney Jenson commented on a resolution drafted by the League for cities to consider adopting that would allow City participation in amicus briefs without Council action. Council Member Henderson stated she prefers seeing the issues as they come forward but suggested looking at the resolution for issues that come up with short turnaround time with a follow-up report to Council. City Manager Genovese suggested looking at something that would be a reaffirmation of the City Manager's or City Attorney's action, which would allow the Council to remain informed and reverse the action if desired. Ms. Jenson advised the items she has brought to Council have been pre-screened and approved by the League's Legal Advocacy Committee and approved by the League's Executive Board or full Board of the League. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING PROPOSAL TO INSTALL NUMBER SIGNS ON HIGHWAY 1 1 1 TRAFFIC SIGNAL POLES. Council Member Henderson requested an item be placed on the next agenda regarding the installation of number signs for traffic signal poles along Highway 111. She stated there are almost 100 traffic signal poles along Highway 111 between Tramway Road in Palm Springs to east of Indio. After a brief discussion, Council concurred to place the matter on the next agenda. 2. DISCUSSION REGARDING COUNTRY CLUB OF THE DESERT STREETSCAPE CHANGES. Council Member Adolph referenced the streetscape changes by the Country Club of the Desert development along Jefferson Street, and questioned the modifications being "minor." He noted the wrought iron in the perimeter wall is being replaced with block and that the landscape feature at Avenue 54 and Jefferson Street has been removed. He feels since Council approved the original design, they should be able to review the plans and approve any changes. City Council Minutes I 1 November 5, 2002 Mayor Pe~a concurred with getting a report on the modifications and how those modifications relate to the original approvals. He believed the development is trying to get done as much as possible before the Bob Hope Chrysler Classic. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 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). PUBLIC COMMENT - None PRESENTATIONS Mayor Pe~a and the City Council presented plaques to the following recipients in appreciation for their services on various City Commissions: Rosita Shamis Cultural Arts Commission Joe Irwin Investment Advisory Board Dan Baxley Cultural Arts Commission Joan Rebich Community Services Commission PUBLIC HEARINGS 1. PUBLIC HEARING ON CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 2002-457 AND APPROVAL OF TENTATIVE TRACT MAP 30834, A REQUEST TO SUBDIVIDE 29.29_+ ACRES INTO 75 SINGLE FAMILY AND OTHER COMMON LOTS LOCATED ON THE NORTH SIDE OF AVENUE 58 WEST OF MADISON STREET. APPLICANT: MADISON ESTATES, LLC. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. City Council Minutes 12 November 5, 2002 In response to Council Member Adolph, Mr. Herman confirmed the conditions of approval require half-street improvements to Avenue 58 adjacent to the development. In response to Council Member Perkins, Mr. Herman stated the ultimate right-of- way for Avenue 58 is 74 feet and the half street will be 44 feet. In response to Council Member Adolph, Tom Baty, 75-615 Painted Desert, Indian Wells, of Madison Estates LLC, stated they plan to build custom homes on the lots. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 2002-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION (ENVIRONMENTAL ASSESSMENT 2002-457) FOR TENTATIVE TRACT MAP 30834 (MADISON ESTATES, LLC). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2002-147 as submitted. Motion carried unanimously. RESOLUTION NO. 2002-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 29.29± ACRES INTO 76 SINGLE FAMILY AND OTHER COMMON LOTS LOCATED ON THE NORTH SIDE OF AVENUE 58 APPROXIMATELY 0.5 MILES WEST OF MADISON STREET (TENTATIVE TRACT MAP 30834 - STONE CREEK RANCH, MADISON ESTATES, LLC). It was moved by Council Members Adolph/Sniff to adopt Resolution No. 2002-148 as submitted. Motion carried unanimously. 2. PUBLIC HEARING ON TENTATIVE TRACT MAP 29963 REVISED, A REQUEST TO CHANGE THE LOCATION OF THE ACCESS STREET SERVING A FOUR-LOT SINGLE FAMILY SUBDIVISION ON 9.29± ACRES LOCATED WEST OF MADISON STREET AND NORTH OF AVENUE 58. APPLICANT: DR. BRUCE BAUMANN. The Mayor declared the PUBLIC HEARING OPEN. City Council Minutes 13 November 5, 2002 Community Development Director Herman presented the staff report. In response to Council Member Adolph, Mr. Herman stated the maximum slope in the parkway will be a 3-to-1 slope. David Turner, 77-899 Wolf Road, Palm Desert, of Coachella Valley Engineers and representing the applicant, stated he was available to answer questions. Council Member Henderson commented on the benefit of the developers coordinating on the two tracts. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 2002-149 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING STREET ACCESS CHANGES FOR A FOUR-LOT SINGLE FAMILY SUBDIVISION ON 9.29_+ ACRES LOCATED AT THE NORTHERNMOST TERMINUS OF CORAL MOUNTAIN COURT APPROXIMATELY 665 FEET NORTH OF AVENUE 58 AND SOUTH OF HERMITAGE (TENTATIVE TRACT MAP 29963, REVISED - DR. BRUCE BAUMANN). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-149 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, oq JUNE S. GREEK, City Clerk · City of La Quinta, California