Loading...
2002 11 19 CC Minutes LA QUINTA CITY COUNCIL MINUTES NOVEMBER 19, 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 legal counsel regarding initiation of litigation pursuant to Government Code Section 54956.9(c) - Korve Engineering, Inc. 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). Steven Blackwood, of Boy Scout Troop 31, led the audience in the Pledge of Allegiance. PUBLIC COMMENT Charlie Coulter, 49-111 Washington Street, spoke regarding the need for a sound wall along Washington Street in front of The Villas. He has signatures of all 40 homeowners in support of a sound wall, and understands the City is in the process of doing a sound study. Jacques Abels, P. O. 141 6, thanked the City Council for the Montero Estates sound wall and stated it has helped a lot. City Council Minutes 2 November 19, 2002 Larry Allen, 73-780 Calle Bisque, Palm Desert, past Mayor of La Quinta, expressed appreciation for Mayor Pe~a's service to the City and wished him well. Jim Montgomery, of Montero Estates development, expressed appreciation for the sound wall along the development. CONFIRMATION OF AGENDA City Manager Genovese requested an item be added to the Consent Calendar regarding acceptance of a donation for passes to the Skins Game and noted the matter came up after posting of the agenda. City Attorney Jenson advised the findings for adding the item to the agenda are that the matter came up after posting of the agenda and that action is needed prior to the next City CounCil meeting. MOTION - It was moved by Council Members Sniff/Henderson to add an item to the Consent Calendar regarding acceptance of a donation for passes to the Skins Game as an urgency item as the matter came up after posting of the agenda. Motion carried unanimously. MINUTE ORDER NO. 2002-222. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN CORRESPONDENCF - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of November 5, 2002, as submitted. Motion carried unanimously. City Council Minutes 3 November 19, 2002 CONSENT CALENDAR Martin Nethery, 45-025 Manitou Drive, Indian Wells, spoke regarding Item No. 11 on behalf of the Mannino family. He noted the street extension will fall entirely on the Mannino property, and asked that the City keep in mind what will happen in future development of the Mannino property and that not more than a fair and equitable portion of the burden be placed on the Mannino family. He added the Mannino family is committed to being a part of the solution to this matter. Council Member Henderson commented on Item No. 10 and the significant amount the City pays for law enforcement services. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 19, 2002. 2. TRANSMITTAL OF TREASURER'S REPORT AS OF SEPTEMBER 30, 2002. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED SEPTEMBER 30, 2002. 4. APPROVAL TO TRANSFER FUNDING FOR THE AVENUE 50 INTERIM BRIDGE PROJECT FROM THE TRANSPORTATION DEVELOPMENT IMPACT FEE FUND TO THE INFRASTRUCTURE FUND. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY LAWRENCE GOLDBERG, DATE OF LOSS: JUNE 6, 2002. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY FRED GOLDBERG, DATE OF LOSS: JUNE 6, 2002. 7. APPROVAL OF A SUPPLEMENTAL AGREEMENT WITH RIVERSIDE COUNTY FOR THE USE OF COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) FUNDS FOR CONSTRUCTION OF STREET LIGHT IMPROVEMENTS ON DESERT CLUB DRIVE, AVENIDA BERMUDAS, AND AVENIDA LA FONDA, AND PUBLIC SERVICE FUNDS FOR THE BOYS AND GIRLS CLUB - LA QUINTA UNIT. 8. ADOPTION OF A RESOLUTION APPROVING A PROJECT APPLICATION FOR THE FISCAL YEAR 2003/2004 BICYCLE TRANSPORTATION ACCOUNT FUNDS FOR CLASS II BIKEWAYS ALONG PORTIONS OF FRED WARING DRIVE, MILES AVENUE, AND AVENUE 52. (RESOLUTION NO. 2002-150) City Council Minutes 4 November 19, 2002 9. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR 'THE WASHINGTON STREET/MILES AVENUE PARKWAY SOIL STABILIZATION IMPROVEMENTS, PROJECT NO. 2002-09. 10. APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE. 11. APPROVAL OF A REIMBURSEMENT AGREEMENT WITH 111 VENTURE, LLC, RELATING TO THE POTENTIAL EXTENSION OF LA QUINTA DRIVE NORTH OF HIGHWAY 111. 12. ADOPTION OF A RESOLUTION ACCEPTING COMPLIMENTARY PASSES FOR THE SKINS GAME GOLF TOURNAMENT. (RESOLUTION NO. 2002-151) MOTION - It was moved by Council Members Sniff Adolph to approve the Consent Calendar as recommended and amended with the addition of Item No. 12 and with Item Nos. 8 and 12 being approved by RESOLUTION NO. 2002-150 and 2002-151 respectively. Motion carried unanimously. MINUTE ORDER NO. 2002-223. BUSINESS SESSION 1. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2002. Finance Director Falconer introduced Michael Harrison, of Conrad & Associates, who gave a brief review of the audit. In response to Council Member Henderson, Mr. Falconer explained infrastructure assets were valued the first year by the consultant and staff has the responsibility of tracking any additions or deletions, including unfinished projects. Council Member Adolph complimented staff on the outstanding report and stated he was pleased to see the City in a good financial position. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to approve, receive, and file the Comprehensive Annual Financial Report for the year ended June 30, 2002. Motion carried unanimously. MINUTE ORDER NO. 2002-224. City Council Minutes 5 November 19, 2002 2. CONSIDERATION OF AN AMENDMENT TO TITLE I OF THE LA QUINTA CHARTER AND MUNICIPAL CODE ADDING CHAPTER 1.09 AND ESTABLISHING AN ADMINISTRATIVE CITATION PROCESS. Building & Safety Director Hartung presented the staff report. In response to Council Member Henderson, Mr. Hartung stated the hearings would take place in the City, and that a reference to the right of judicial appeal can be added to Section 1.09.090(B). He confirmed Section 1.09.020 would allow the City to issue a citation each day a violation exists, however, residents are usually given a few weeks to make the corrections. Council Member Henderson stated she supports the document but has concerns about the language because it sounds like offenses would be considered violations for each day they are not corrected and that fines would be calculated on a daily basis. City Attorney Jenson advised the wording "shall be subject to citation" can be added. She noted the proposed wording gives the City the right to issue a second citation but does not mandate it. Council Member Perkins stated he does not have a problem with the language because he feels it allows the officer to make a judgment call as to whether or not to issue an additional citation. Ms. Jenson noted the same language is in the existing Code. Council Member Sniff stated he also has concerns about the language and would have a difficult time supporting it. He asked if the proposed citation process circumvents the normal legal processes of citizens in court, to which Ms. Jenson responded, "No." In response to Council Member Sniff, Mr. Hartung advised the hearing officers are provided by a third party contracted by the City and usually have a legal/law background. Council Member Sniff stated he felt there is too much latitude in the language and potential for harassment. He noted someone could be held accountable for multiple violations while on vacation. Mayor Pe~a stated he didn't feel the City would abuse the ordinance and supported moving forward with it. City Council Minutes 6 November 19, 2002 Council Member Perkins concurred. In response to Council Member Adolph, Mr. Hartung stated notices of violation are posted on the front door if no one is home, and notices for violations on vacant lots are sent registered mail. Council Member Sniff asked if residents are prohibited from bringing an attorney to the hearing, to which Mr. Hartung responded, "No." Council Member Henderson stated she did not want to delay the ordinance and would support moving forward. In response to Council Member Sniff, Ms. Jenson confirmed she has reviewed the ordinance. Mr. Hartung added the language is based on an ordinance used by San Bernardino. MOTION - It was moved by Council Members Henderson/Perkins to take up Ordinance No. 379 by title and number only and waive further reading. Motion carried with Council Member Sniff voting NO. ORDINANCE NO. 379 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADDING CHAPTER 1.09 TO TITLE I OF THE MUNICIPAL CODE RELATING TO ADMINISTRATIVE CITATIONS. It was moved by Council Members Henderson/Perkins to introduce Ordinance No. 379 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Mayor Pe~a NOES: Council Member Sniff ABSENT: None ABSTAIN: None 3. CONSIDERATION OF ADOPTION OF A RESOLUTION APPROVING THE COACHELLA VALLEY ASSOCIATION OF GOVERNMENT'S (CVAG) NON- MOTORIZED TRANSPORTATION PLAN. Community Development Director Herman presented the staff report. City Council Minutes 7 November 19, 2002 RESOLUTION NO. 2002-152 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE COACHELLA VALLEY OF ASSOCIATION OF GOVERNMENT'S (CVAG) NON-MOTORIZED TRANSPORTATION PLAN. MOTION - It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2002-152 as submitted. In response to Council Member Henderson, Mr. Herman confirmed City staff has participated in the CVAG meetings regarding this matter. Council Member Henderson commented on the narrowness of the bike path on Jefferson Street. Consultant Nickerson advised the four-foot wide bike lane is constructed to CalTrans standards. Council Member Perkins stated he would like to see wider bike lanes, and noted the Council has discussed this issue before. City Manager Genovese advised the Jefferson Street plans were approved prior to the wider bike lane issue being discussed. In response to Council Member Henderson, Mr. Nickerson stated some areas allow for a parking lane as well as a bike lane. He added it may be possible to come up with an acceptable modification to widen the bike lane. Motion carried unanimously. 4. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP INFORMATION EXCHANGE COMMITTEE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff/Henderson to appoint Council Member Perkins to serve for three consecutive meetings on the Chamber of Commerce Workshop Information Exchange Committee. Motion carried unanimously. MINUTE ORDER NO. 2002-225. City Council Minutes 8 November 19, 2002 5. CONSIDERATION OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE PHASE II COVE OASIS IMPROVEMENTS, PROJECT NO. 2002-02. Public Works Director Jonasson presented the staff report. Council Member Perkins stated he feels the restrooms should be near Calle Tecate for closer police surveillance, and that the emergency control box should be in the same location. Council Member Henderson pointed out the restrooms will be an additional maintenance cost, and suggested they be part of Phase III improvements. She questioned how beneficial restrooms would be if they are not located at the Oasis site. She also referenced an artist who makes benches and tables out of rock and stone, and suggested he be consulted about the design of the natural furniture. Council Member Adolph stated he would like to have some input from the residents before restrooms are located near Calle Tecate. He also feels the water feature is too far away and will create maintenance problems. Council Member Sniff stated he feels residents in the area might be offended if restrooms are located near Calle Tecate. He supported moving the restrooms and water feature to the Phase III improvements. Mayor Pe~a concurred. Council Member Sniff stated he didn't have a problem with the artist consulting on the tables but questioned rocks being comfortable for sitting. MOTION - It was moved by Council Members Sniff/Adolph to approve the Plans, Specifications, and Engineer's Estimate (PS&E) for the Phase II Cove Oasis Improvements, Project No. 2002-02, authorize staff to advertise for bids, and direct staff to move the restrooms and water feature to the Phase III Improvements. Motion carried unanimously. MINUTE ORDER NO. 2002-226. 6. CONSIDERATION OF DESIGN ISSUES ASSOCIATED WITH THE PROPOSED HIGHWAY 111 SIDEWALK IMPROVEMENTS ADJACENT TO POINT HAPPY, PROJECT NO. 2001-05. Public Works Director Jonasson presented the staff report. City Council Minutes 9 November 19, 2002 Brett Barnes, P. O. Box 425, Huntington Beach, representing the Cliff House Restaurant, stated they support the project but feel the brunt of the costs should be borne by the State and not the City. They remain committed to the original cost but can't commit to any additional amount without further approval by the owner. Council Member Henderson stated she believes the rock slide report provides ammunition to get CalTrans to take care of the problem. Council Member Adolph stated he supported the sidewalk initially but after reviewing the rock slide report and the site, he is concerned some of the rocks are ready to come down. He stated he couldn't support the sidewalk unless CalTrans wants to mitigate it. Council Member Perkins asked if the City moves forward and CalTrans and the Cliff House become a part of the project, are all three likely to be sued if something happens, to which City Attorney Jenson responded, "Yes." He was concerned that CalTrans might destroy the mountain while trying to eliminate the potential for rock slides, and stated he was against having the sidewalk. MOTION - It was moved by Council Members Sniff/Adolph to direct staff to inform CalTrans of the rock fall hazard and request State mitigation of the hazard before proceeding with the City's sidewalk improvement project. Motion carried unanimously. MINUTE ORDER NO. 2002-227. 7. CONSIDERATION OF PROPOSAL TO INSTALL SEQUENTIALLY-NUMBERED SIGNS AT ALL SIGNALIZED INTERSECTIONS ON HIGHWAY 11 1. Public Works Director Jonasson presented the staff report. Council Member Adolph asked why the signs would not be attached to the street name signs. Council Member Henderson stated that idea was discussed but it would require re-engineering of the mast arms, and CalTrans would not approve it. In response to Council Member Henderson, Assistant City Engineer Speer confirmed the superimposed sign on the photograph is very close to actual size. Council Member Henderson stated the sequential numbers will begin in Palm Springs with allowances made for known future signals. Additional signalized City Council Minutes 10 November 19, 2002 intersections that are added in the future will have A, B, C, etc. after the number. Council Member Sniff stated he didn't feel the letter contrast is sufficient for visibility and noted the height of the sign is above normal sight line. He asked if the signs would show up well at night. Council Member Perkins noted the signs are reflectorized, and Council Member Henderson pointed out the signs will be located under light poles. Council Member Sniff questioned the effectiveness of the signs, and noted the intersections have multiple things to view in addition to the number signs, which are very indistinct. He asked how motorists would be informed as to what the number signs mean. Mayor Pe~a noted the signs will be similar to numbered exit signs on freeways. Council Member Perkins stated the issue has been discussed by several committees and a number of organizations will have information available to give to the public. Council Member Henderson referenced the action reCommended by staff and suggested deleting the requirement for approval by all cities. MOTION - It was moved by Council Members Henderson/Perkins to approve the numbered sign system at signalized intersections on Highway 111 as proposed by the Executive committee at CVAG and authorize staff to inform CVAG that it may proceed with the project as proposed. Council Member Adolph asked about the height of the sign and the visibility at night. Mr. Speer advised the sign will be located above the mast arm. Council Member Henderson stated a black and white sign installed on a pole in Palm Springs was visible at night. Council Member Sniff pointed out black and white has better contrast than the proposed colors. Motion carried unanimously. MINUTE ORDER NO. 2002-228. City Council Minutes 11 November 19, 2002 8. CONSIDERATION OF PROPOSAL TO AUTHORIZE ADDITIONAL STREET IMPROVEMENT WORK IN CONJUNCTION WITH PLANNED STREET IMPROVEMENTS PROPOSED BY DESERT SANDS UNIFIED SCHOOL DISTRICT ON EISENHOWER DRIVE NORTH OF CALLE TAMPICO. Public Works Director Jonasson presented the staff report. Assistant City Engineer Speer showed photographs of the drainage problem and trees and sidewalk that will have to be moved. In response to Council Member Sniff, Mr. Speer stated the power pole is not in use and can be removed. In response to Council Member Henderson, Mr. Speer explained how the water runoff would be drained into the retention basin at the school site. Council Member Adolph suggested using cross gutters through the median, and Mr. Speer stated staff will look into that possibility. In response to Mayor Pe~a, Mr. Speer explained a median is needed to control turn movements in the area. MOTION - It was moved by Council Members Sniff/Henderson to authorize staff to negotiate a Cooperative Agreement with Desert Sands Unified School District that funds up to $440,000 in additional street improvements not currently proposed by the School District. Motion carried unanimously. MINUTE ORDER NO. 2_002-229. 9. CONSIDERATION OF ADDITIONAL INFORMATION PROVIDED BY THE LA QUINTA ARTS FOUNDATION. (Continued from November 5, 2002) Mayor PeRa abstained from participating on this item due to a potential conflict of interest and left the dais. Community Services Director Horvitz presented the staff report. Council Member Adolph asked if additional correspondence had been received, to which Public Works Director Jonasson stated he was not aware of any. He stated engineering plans have been received and are being reviewed by staff. Council Member Henderson stated her overriding concern is how much money the Arts Foundation will need in order to get a Certificate of Occupancy to host the Arts Festival in March. City Council Minutes 12 November 19, 2002 Mr. Jonasson stated the Arts Foundation is in a dispute with Warner Engineering and has not received the engineering certification. He understands they could have another engineer review the project and certify the plans. Jim Parrish, President of the La Quinta Arts Foundation, stated Warner Engineering has agreed to provide the certification and the Arts Foundation hopes to have it by the first of December. They are prepared to move forward with the berming, walls, etc. as soon as their plans are approved by the Engineering Department, and they have sufficient funds to finish the construction. Rob Parker, of RGA Landscape Architects, stated once the berming plans have been approved, the revised landscape plans should be ready within a week. After a brief discussion, Council concurred to release the funds subject to receipt of the engineering certification and approval of the engineering and landscape plans. MOTION - It was moved by Council Members Henderson/Perkins to accept the additional information as provided by the La Quinta Arts Foundation and authorize staff to release the $100,000 upon receipt of the engineering certification and approval of the onsite landscaping and Washington Street parkway improvement plans. Motion carried with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2002-230. 10. CONSIDERATION OF PARTICIPATION IN THE LA QUINTA ARTS FOUNDATION'S PLEIN AIR EVENT. Mayor Pe~a abstained from participating on this item due to a potential conflict of interest and left the dais. Community Services Director Horvitz presented the staff report. Council Member Perkins stated he supported participation in the event. Council Member Henderson stated the only way she could support participation is if a portion of the funds already allocated are used. She noted the City has some upcoming critical safety issues to consider. She suggested the possibility of allocating a small amount from the Arts in Public Places Fund. Council Member Adolph suggested allocating $2,500 to the Plein Air event and $5,000 to the Arts Festival event out of the $7,500 already budgeted, with any City Council Minutes 13 November 19, 2002 unused portion from the Plein Air event going back to the Arts Festival art purchase. Council concurred. MOTION - It was moved by Council Members Adolph/Perkins to move forward with an art purchase from the Plein Air event for an amount not to exceed $2,500 from the previously-allocated amount of $7,500, with any unused portion going back to the fund for the Arts Festival art purchase. Motion carried with Mayor Pe~a ABSENT. MINUTE ORDER NO. 2002-231. 1 1. CONSIDERATION OF THE FINAL LA QUINTA LIBRARY SCHEMATIC DESIGN. Community Services Director Horvitz presented the staff report. Council Member Sniff expressed support for the design, and suggested keeping any wood exposure to a minimum because of weathering. In response to Council Member Adolph, Tom Anglewicz, architect with M. W. Steele Group, confirmed the partition walls between the initial 10,000 sq. ft. area and the expansion area will be easily modified. He stated the interior will have a sloped studio ceiling in the main reading area, and the intent is to have wood trusses supported by columns and have exposed decking. MOTION - It was moved by Council Members Sniff/Henderson to approve the final La Quinta Library Schematic Design. Motion carried unanimously. MINUTE ORDER NO. 2002-232. 12. CONSIDERATION OF WATER FEATURE AMENITY FOR THE LA FONDA STREET ENHANCEMENT IMPROVEMENTS, PROJECT NO. 2002-05. 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, City Manager Genovese confirmed there have been a number of maintenance problems with the tile on the existing water feature at the west end of Calle Estado. He stated staff will most likely come back with some type of retrofit of more conducive material for that fountain and include it with this project when it goes out to bid. He added the design may come back with additional seating. City Council Minutes 14 November 19, 2002 Council Member Sniff remarked that some of the merchants are concerned about limited parking times in the area. Council Member Henderson stated maybe they will see the need for a Business Improvement District. MOTION - It was moved by Council Members Sniff/Henderson to approve water feature Design Concepts 3 (Attachment 5) and 4 (Attachment 6) for installation at the east and west entries of Avenida La Fonda. Rob Parker, of RGA Land Architects, noted Design Concept 4 is similar to the existing fountain at the west end of Calle Estado. Council Member Sniff stated he still supports going with Concepts 3 and 4. Motion carried unanimously. MINUTE ORDER NO. 2002-233. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS All reports were noted and filed. DEPARTMENT REPORTS 5-A. STATUS OF THE LANDSCAPING, GATE HOUSE, AND WALL TREATMENT FOR THE HIDEAWAY (COUNTRY CLUB OF THE DESERT). Community Development Director Herman presented drawings showing the perimeter wall and gate entry area modifications. Council Member Adolph asked if the gate entry would accommodate oversize vehicles, and John Gamblin, representing the Hideaway, responded, "Yes." In response to Council Member Henderson, Mr. Herman confirmed the modifications are within staff's authorization to approve. In response to Council Member Adolph, Mr. Gamblin stated the improvements along Avenue §4 will be similar to the Jefferson Street improvements. He added the landscape architect is bringing in a plan to reshape the berming. He City Council Minutes 15 November 19, 2002 stated the Jefferson Street improvements should be completed by the end of December, and they expect to open the back part of the Dye Course on December 6th, 6-A. ANNUAL FRITZ BURNS PARK POOL REPORT, Council Member Sniff commented on the increase in attendance at the pool. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING A FUNCTION HONORING THE SERVICE OF MAYOR JOHN PEI~IA. Council Member Henderson suggested having a reception in the courtyard to honor Mayor Pe~a's dedication to public service on the occasion of his retirement. She also referenced the possibility of combining it with the Civic Center Campus dedication. After a brief discussion, there was Council consensus to work with staff in planning an appreciation retirement function. Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT Robert Cox, 78-135 Crestview Terrace, expressed appreciation for everyone who supported Measure M, and added the issue is not going away. He also thanked Mayor Pe~a for his service on the City Council. * * * * * * * * ~ Lori Shook, 52-661 Avenida Martinez, spoke regarding a notice she received to remove a veranda on the side of her property that has been there for over 30 years, and was in place prior to purchasing her house. Mayor PeSa recommended Mrs. Shook contact staff in the Building Department. City Council Minutes 16 November 19, 2002 PRESENTATIONS The Mayor and Council Members presented art awards to the following students of the Boys and Girls Club whose artwork has been displayed at City Hall: Monique Benitez Milly Jones Brian Rivera Kory Bridgewater Haley Leite Yvonne Rosas Skyanna Bustos Vanessa Mancila Jimmy Sanchez Karina Carmona Dallas Miller Genea Serrano Erin Duarte Jaclyn Munoz Danielle Tamez Briana Estrada Analise Ortiz Kenze Waxlax Cierra Gibson Jenny Peters Kevin Wilson Michael Gustin Cassie Peters Marissa Woodard Jordon Hennessy Kendall Pruette Karlee Wright Elizabeth Hotz Lucero Reyes Kaya Wuertz Tonya Hough Matthew Rios Caitlin Jeffredo Briana Rivera PUBLIC HEARINGS Council concurred to take up Item No. 2 at this time. 2. PUBLIC HEARING ON A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 29878, A 60 SINGLE FAMILY AND VARIOUS LETTERED LOTS SUBDIVISION ON 22 + ACRES LOCATED AT THE SOUTHEAST CORNER OF AVENUE 54 AND PGA BOULEVARD IN PLANNING AREA NO. 4 OF SPECIFIC PLAN 83-002 UNDER CITY COUNCIL RESOLUTION 2000-131. APPLICANT: KSL HOTEL LAND, L.P. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. Chris Bergh, of MDS Consulting and representing the applicant, stated he was available to answer questions. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. City Council Minutes 17 November 19, 2002 RESOLUTION NO. 2002-153 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR A 60 SINGLE FAMILY AND OTHER COMMON LOTS SUBDIVISION ON 22.21 ACRES LOCATED AT THE SOUTHEAST CORNER OF AVENUE 54 AND PGA BOULEVARD (TENTATIVE TRACT MAP 29878, TIME EXTENSION NO. I - KSL HOTEL LAND, L.P.). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2002-153 as submitted. Motion carried unanimously. 1. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-458; 2) SPECIFIC PLAN 2002-061, DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR TWO RESIDENTIAL HOMES ON A 4.06-ACRE PARCEL LOCATED WITHIN THE HILLSIDE CONSERVATION DISTRICT; 3) CONDITIONAL USE PERMIT 2002-071, TO ALLOW DEVELOPMENT IN THE HILLSIDE CONSERVATION DISTRICT; AND 4) TENTATIVE PARCEL MAP 30586, A REQUEST TO SUBDIVIDE 4.06 ACRES INTO TWO RESIDENTIAL LOTS ON PROPERTY LOCATED WEST OF JEFFERSON STREET AND SOUTH OF QUARRY LANE. APPLICANT: WINCHESTER DEVELOPMENT. The Mayor declared the PUBLIC HEARING OPEN. Community Development Director Herman presented the staff report. John Shaw, of Winchester Development, referenced a section in the environmental assessment on hydrology (Page 32) and stated staff has agreed that should take place when the map is recorded. He also reviewed a drawing of the proposed lots. Klm Bird, 52-360 Avenida Madero, urged Council to save the hillsides as they promised they would do when they approved The Tradition development. Kay Wolff, 77-227 Calle Ensenada, encouraged Council to protect the hillsides and not allow development in the mountains as other cities have done. Joan Rebich, 53-810 Avenida Cortez, also asked the Council to honor their previous commitment to protect the hillsides and to stop the encroachment before it goes any further. City Council Minutes 18 November 19, 2002 Katie Barrows, 53-298 Avenida Montezuma, urged Council to maintain the City's Hillside Ordinance, and noted it is the strongest such ordinance in the Valley. Andrea Dooley, 54-700 Avenida Obregon, questioned the purpose of deviating from the ordinance for two homes, and urged Council to vote against the proposal. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. Mr. Herman reviewed additional drawings and the General Plan and Zoning designations for the property, In response to Council Member Henderson, Mr. Shaw advised the elevation for the proposed site is 70 feet and the elevations for the houses to the west are 130 and 160 feet. In response to Mayor Pe~a, Mr. Herman confirmed the proposed house pads on the two lots are in a mostly flat area. In response to Council Member Sniff, Mr. Herman stated there are some rock outcroppings in the area of the proposed house pads. Council Member Adolph asked if the applicant's request legally falls within the parameters of the ordinance. Mr. Herman stated there are provisions in the ordinance that allow the property owner to make the request, and the technicality in this situation is that some of the land is over a 20% slope. He stated access to the building pads is up a slope that is more than 20%, and a portion of the building pad is more than a 20% slope. In response to Council Member Sniff, Mr. Herman stated the ordinance allows one unit per 10 acres and the two lots together are just over 1 $ acres. Council Member Henderson noted that all ordinances are not black and White, and that a lot of beneficial things would not exist if allowances were not made. She understood four acres of developable land is being pulled from the 18 acres but that the applicant is not proposing additional units. Mr. Herman stated the Planning CommiSsion conditioned the project to allow only two units, and the units are limited to 22 feet in height. City Council Minutes 19 November 19, 2002 Mr. Shaw stated they have agreed not to develop the remaining portion of the 18.5 acres except for the four acres. Council Member Henderson noted a significant portion could be developed without the same questions having to be addressed. Mr. Shaw confirmed the General Plan allows for an application for 56 lots on the property. He stated he does not support hillside development and doesn't believe this proposal falls within that definition because the average slope for Lot 1 is 9.4% and Lot 2 is 14%. Council Member Henderson stated she preferred seeing two houses on the property instead of 56. She noted some of the houses in the area are at a higher elevation than the proposed lots, and that incremental development is going on in legally-allowed locations. She felt the time has come for the Council to address the black and white letter of the ordinance, as they knew they would have to do someday. Mayor Pefia stated he believes all of the Council is supportive of the Hillside Ordinance, and noted that the intent of the ordinance is not to allow development in the hillside area. He stated he has walked the site, and that the building pads are behind the hillside, which he felt goes along with Council's intent. He noted part of the slope is manmade, and that the rock outcroppings are not likely to be disturbed because they add to the aesthetics of the property. He is confident that this type of development in the area is in keeping with what the Council wants. In response to Council Member Adolph, Mr. Shaw confirmed the Green development has approval and the opportunity to develop the land along the road that leads to the development to the west. Council Member Perkins stated he felt this is a "gray area" and is not convinced that the proposal doesn't violate at least some of the ordinance. Council Member Adolph stated he has seen the site, and agrees the building pads are in a level area. He referred to his opposition in going above the toe of the slope in The Traditions project, and agrees with Council Member Perkins that there may be some violation of the ordinance with this proposal. He was concerned about opening the door to other violations, and must determine if the proposal violates the intent of what the City is trying to protect. David Dawson, Principal Planner with The Keith Companies and representing the applicant, stated he feels the proposal is a singular situation not found City Council Minutes 20 November 19, 2002 elsewhere in the City.. He noted the developer is not asking to build four units per acre as the zoning allows, and noted 56 homes could be developed with some at an elevation of 114 feet. They are not proposing anything that would destroy the views because views are very valuable to The Quarry, and he questioned any precedent being set with this proposal. Council Member Sniff stated he feels a precedent takes place each time an action is taken. He commented on the amount of this property being above the 20% slope, and noted the proposal doesn't totally comply with the 1 unit per 10 acres. He also referenced his opposition to the six lots above the toe of the slope in The Traditions project, and stated he would have a hard time supporting this request. He feels a continual creeping into the mountains is dangerous. Council Member Henderson noted the proposed lots have the potential of being at lower elevations than surrounding future development. She also noted some who oppose variances such as this, request the Council to allow variances on other issues, and that this document is a legal way to allow modifications. Council Member Sniff stated he didn't feel the elevation of surrounding properties is relevant because they are not above the toe of the slope. Mayor Pe~a asked if the house would cover 40% of the lot, to which Mr. Herman responded, "No." Council Member Sniff noted one area is 70% above 20% of the slope, and he considers even 40% as being substantial. Council Member Henderson suggested that may be a reason for trying to find a way for 30% of the site to be used. Mayor Pe~a noted that the developer of The Quarry has transformed a gravel pit into a top golf course, and that the homes are intertwined with other rock outcroppings. He feels the intent of the proposal is to meet the intent of the ordinance, and noted some of the houses in the Cove would not meet the criteria of the ordinance and yet have not been an impact to the City. He also questioned the proposal setting a precedent for ultimate development in the hillsides. He noted the 1 unit per 10 acres provision is a legal way for property owners to do some development in the hillsides; otherwise it constitutes a "taking." He felt the Planning Commission's comment about needing to take a look at the ordinance is probably appropriate. City Council Minutes 21 November 19, 2002 Council Member Sniff agreed The Quarry is a good project but questioned the proposed site being part of the gravel dump area. He felt the City should draw a distinction and stay with it. In response to Council Member Henderson, Mr. Shaw confirmed they can easily amend the parcels to result in a total of 20 acres. He pointed out they can build on a portion of the property that is within the 20% slope guidelines but the houses would be visible to everyone instead of being hidden behind the mountain. Ms. Barrows questioned why additional information was allowed to be presented by staff after the public hearing was closed. Council recessed briefly to allow members of the public to review the staff report. The Mayor REOPENED THE PUBLIC HEARING. Loren McGuire, 78-732 Siena Court, referenced Section I(b) of the Addendum to the Environmental Assessment, and noted the proposed lots are not within the 20% slope. Mayor Pe~a asked Mr. McGuire if he had been to the site, to which Mr. McGuire responded, "No." Ms. Barrows noted the proposed area takes land within the hillside conservation zone, and that significant grading will be required. She continued to urge denial of the project. Ms. Wolff stated she was unable to view the site but it is private property and was not allowed access. She suggested the developer develop around the outcropping as they have done elsewhere within The Quarry. She felt the project's failure to comply on the issues of the slope and the density should be enough to convince Council to deny the request. Ms. Rebich stated she felt the staff report confirms that the proposal is not within the spirit or letter of the ordinance. She didn't feel the elevation or views is what is in question but rather the allowance of development above the 20% slope. She was concerned an exception would open the door for other exceptions. Mr. Shaw noted the law allows for adjustments, and added they are willing to expand the 18.8 acres to 20 acres. City Council Minutes 22 November 19, 2002 Ms. Bird questioned there being any "gray areas" and asked Council not to try to find a loophole for the project to be approved. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED, Council Member Henderson disagreed that there are no "gray areas" and further stated that she feels they help an area function. She has discussed this project with residents who are not here and is comfortable that she is representing a significant part of the community. She felt it would be interesting to see a final map with 20 acres, and that it would go a long way in meeting the letter of the law. Council Member Perkins agreed "gray areas" exist but stated he cannot support the request because he feels it violates the spirit of the ordinance. Council Member Adolph stated he feels The Quarry is a very environmentally- sensitive golf course but he cannot support the proposal if it does not meet the ordinance. He felt he would be a hypocrite to do otherwise. Council Member Sniff agreed The Quarry is an asset to the City but noted that's not the issue in question. He supports development but feels the Council must do what it can, within reason, to protect the hillsides. Mayor Pe~a spoke in reference to the issue of "black and white" laws and noted a resident came forward this evening on a situation where there is a definite breaking of the sideyard setback standard. He pointed out the City tries to be reasonable and allow residents to do what they can with their land, and has helped other organizations, such as the Arts Foundation, to meet their obligations in order to accomplish their goals. He feels the subject area consists of rock outcroppings, not hillside, and he supports the request. Council Member Henderson noted the Department of Fish & Game has blessed the project, and that the developer continues to work with the equestrian people to make sure the trails are available. She pointed out the site is private property and only visible to those within the gated community. City Council Minutes 23 November 19, 2002 RESOLUTION NO. 2002-154 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (EA 2002-458) PREPARED FOR SPECIFIC PLAN 2002-061, PARCEL MAP 30586 AND CONDITIONAL USE PERMIT 2002-071 (WINCHESTER DEVELOPMENT). It was moved by Council Member Henderson and Mayor Pe~a to adopt Resolution No. 2002-154 as amended (modifying the timing in Section VIII (Hydrology) of the Monitoring Report to read "at time of map recordation." Motion failed with Council Members Adolph, Perkins, and Sniff voting NO. 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