2002 12 17 CC Minutes LA QUINTA CITY COUNCIL
MINUTES
DECEMBER 17, 2002
A regular meeting of the La Quinta City Council was called to order at the hour of
2:00 p.m. by Mayor Adolph.
PRESENT: Council Members Henderson, Perkins, Sniff, Mayor Adolph
ABSENT: one vacancy (Council Member Osborne was seated after Business Item No. 1)
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 Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT - None
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS - None
WRITTEN CORRESPONDENCE o None
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of December 3, 2002, as submitted. Motion carried unanimously.
City Council Minutes 2 December 17, 2002
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 17, 2002.
2. APPROVAL OF THE TREASURER'S REPORT DATED OCTOBER 31, 2002.
3. APPROVAL OF THE REVENUE & EXPENDITURES REPORT DATED OCTOBER
31, 2002.
4. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF
LA QUINTA 2000-01 ASSESSMENT DISTRICT FOR FISCAL YEAR END JUNE
30, 2002.
5. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY OF
LA QUINTA ASSESSMENT DISTRICT NOS. 90-1, 91-1, 92-1, AND 97-1 FOR
FISCAL YEAR END JUNE 30, 2002.
6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR TO
ATTEND THE 2003 GOVERNMENT FINANCE OFFICERS ASSOCIATION
ANNUAL CONFERENCE IN NEW YORK, N. Y., MAY 18-21, 2003.
7. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH DAVID
EVANS AND ASSOCIATES, INC. TO PREPARE THE PLANS, SPECIFICATIONS,
AND ENGINEER'S ESTIMATE FOR THE ADAMS STREET AT WESTWARD HO
DRIVE TRAFFIC SIGNAL IMPROVEMENT, PROJECT NO. 2002-06.
8. APPROVAL OF A REQUEST BY THE COUNTY OF RIVERSIDE PLANNING
COMMISSION TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS
ON FEBRUARY 5, APRIL 2, JUNE 11, AUGUST 6, OCTOBER 8, AND
DECEMBER 3, 2003 FROM 8:00 A.M. TO 8:00 P.M.
9. APPROVAL OF A REQUEST BY THE CALIFORNIA REGIONAL WATER QUALITY
CONTROL BOARD TO UTILIZE THE COUNCIL CHAMBERS ON JANUARY 15,
MARCH 12, MAY 7, JUNE 25, SEPTEMBER 3, AND NOVEMBER 19, 2003
FROM 9:00 A.M. TO 2:00 P.M.
10. ACCEPTANCE OF A GRANT DEED CONVEYING FEE SIMPLE RIGHT-OF-WAY
TO CITY OF LA QUINTA FOR MADISON STREET MULTI-PURPOSE TRAIL - PGA
WEST HOMEOWNERS ASSOCIATION.
MOTION - It was moved by Council Members Sniff/Henderson to approve the
Consent Calendar as recommended. Motion carried unanimously. MINUTE
ORDER NO. 2002-238.
City Council Minutes 3 December 17, 2002
BUSINESS SESSION
1. CONSIDERATION OF APPOINTMENT TO FILL CITY COUNCIL VACANCY.
There were no changes to the staff report as submitted and on file in the City
Clerk's Office.
After a brief discussion, Council concurred to allow each applicant up to three
minutes to make a statement and then to take public comment.
The following applicants gave a brief statement on their background and
qualifications:
Colleen Gaynes Donald J. Troy Myron E. Mintz
Lee M. Osborne Loren McGuire John C. Doyle
Robert Alcala Stuart C. Roth Joan Rebich
John S. Burchfield Fred Davis Eisa Louden
Donald O. Spears Robert Tyler Robert G. Cox
William S. Bishop T. Swift Lockard Frank R. Ceja
John C. Hendrick Carol Emmons
Elizabeth P. Benton Paul R. Puma Sr.
Jacques Abels (application withdrawn); Joseph H. McCoy (not present)
Lucia Moran, P. O. Box 1305, urged' Council to appoint the most qualified
applicant with some service experience in the City.
Lynn Gulick, 78-637 Torino Drive, encouraged Council to appoint one of the
two candidates who ran for office during the last election.
Wally Reynolds, 79-860 Fiesta Drive, voiced support for Robert Tyler because
of his enthusiastic service to the City and attendance at all Council meetings.
Robert Courting, 53-180 Avenida Madero, urged appointment of Loren McGuire
because of his candidacy in the last election and because he lives in an area that
is not geographically represented on the Council.
Joyce Sivley, 79-775 Westward Ho Drive, endorsed Robert Tyler because of his
dedicated service to the City. She felt he is a proven leader of honor and
intelligence that deserves the appointment because he always attends the
Council meetings.
City Council Minutes 4 December 17, 2002
Kay Wolff, 77-227 Ensenada, encouraged Council not to second guess the
public and noted only two of the applicants stepped forward and ran for office
during the last election. She stated if the other applicants didn't have the time
or stomach to run for office that they wouldn't have it to serve either. She
supported appointment of Loren McGuire to the vacancy.
Joseph Broido, 77-510 Calle Nogales, stated he felt the Council should use its
experience to teach someone new and infuse the Council with some young
blood. He pointed out 14 of the 22 applicants are over 60 years old. He
supported the appointment of Loren McGuire because he would represent a new
part of the City.
Don Rector, 46-450 Cameo Palms, spoke in support of Loren McGuire, and
pointed out only two of the candidates had the courage to face the community
in an election.
J. Paul, 55-585 Cherry Hills, spoke in support of Lee Osborne being appointed
to the vacant seat on the Council.
Gloria Puma, stated she didn't feel running for office should be a criteria, and
commented on her husband's involvement in other areas where they have lived.
Jan Turner, 53-750 Avenida Obregon, stated she would like to see new, young
blood on the Council. She commented on the need for residents to be involved
and attend Council meetings.
Council Member Sniff expressed appreciation for the number of applicants
wishing to serve their community, and commented on the difficulty of making
a decision. He suggested each Council Member submit two names in writing
for consideration.
Council Member Perkins urged the applicants not selected to stay involved and
apply for other City commission seats when they become available. He
supported each Council Member submitting two names but without any
preference in order, and noted any nominee's name submitted by a majority of
the Council Members should be appointed without further action.
Council Member Henderson noted the City's system of electing a Mayor can
create this same situation every two years. She agreed the quality and desire
of involvement by the applicants is great and encouraged them to stay involved.
She concurred with each Council Member submitting two names each. She
noted the Council does not have a policy for this type of situation because a
current Council cannot bind the actions of a future Council.
City Council Minutes 5 December 17, 2002
Mayor Adolph expressed appreciation for everyone who turned in an application,
and commented on the difficulty of making a selection. He stated it was hard
to make a selection seven years ago when he was first elected to the Council
because many of the residents pushed hard for Council to choose the person
who received the next highest number of votes. He doesn't object to
appointing the person with the next highest number of votes but felt the biggest
problem with that is if that person doesn't receive very many votes.
Council proceeded to submit two names each for consideration as follows:
Council Member Henderson submitted Mr. Osborne and Mr. Tyler
Council Member Perkins submitted Mr. Osborne and Mr. Tyler
Council Member Sniff submitted Mr. Osborne and Mr. Tyler
Mayor Adolph submitted Mr. Alcala and Mr. McGuire
Council Member Henderson nominated Robert Tyler.
Ballot No. 1:
Council Member Henderson voted yes
Council Member Perkins voted no
Council Member Sniff voted yes
Mayor Adolph voted no
Council Member Sniff nominated Lee Osborne.
Ballot No. 1:
Council Member Perkins voted yes
Council Member Sniff voted yes
Council Member Henderson voted no
Mayor Adolph voted yes
MOTION - It was moved by Council Members Sniff/Henderson to appoint Lee
Osborne to the unexpired term on the City Council expiring in November 2004.
Motion carried unanimously. MINUTE ORDER NO. 2002-239.
The City Clerk administered the oath of office to Mr. Osborne who then took his seat
at the dais.
City Council Minutes 6 December 17, 2002
2. CONTINUED CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION
DECISION ON A PUBLIC NUISANCE CITATION REGARDING THE VIOLATION
OF FRONT/SIDE YARD SETBACK, SATELLITE DISH LOCATION, AND
CONSTRUCTION WITHOUT A PERMIT AT 53-750 AVENIDA OBREGON.
APPELLANT: BILL AND JAN TURNER.
Planning Manager Orci presented the staff report.
In response to Council Member Henderson, Mr. Orci stated the staff report
addresses shade structures in setback areas. Any other issues, such as jacuzzis
and ponds, can be brought back for review in another report.
Council Member Henderson recommended this issue be brought back in a study
session where all the issues can be discussed.
Council Member Perkins agreed and commented on the need for residents to use
their garages for parking their vehicles instead of a storage area.
Jan & Bill Turner, 53-750 Avenida Obregon, the appellant, stated they don't
have enough room to park all of their vehicles in the garage. As for the satellite
dish, it will be removed in January. Mr. Turner questioned the Planning
Commission spending enough time on this issue but stated he would remove
the shade structure if that is Council's direction. He added they have received
nothing but favorable responses on the shade structure from their neighbors.
Council Member Sniff stated he didn't have a problem discussing all of the
issues in a study session but felt shade structures are the primary issue. He
suggested the appeal be continued until after the study session is held.
Council Member Osborne concurred.
Mayor Adolph agreed and supported looking at the issue citywide.
MOTION - It was moved by Council Members Sniff/Henderson to continue the
appeal by Bill and Jan Turner (regarding a shade structure at 53-750 Avenida
Obregon) to the second meeting in February and direct staff to schedule a study
session at the same meeting to discuss shade structures and other things such
as jacuzzis and ponds in setback areas.
Council Member Henderson noted residents are aware of how much room they
have for parking when they buy their homes. She felt staff could perhaps come
up with some type of wood lattice structure and provide a standard for
residents to use.
Motion carried unanimously. MINUTE ORDER NO. 2002-240.
City Council Minutes 7 December 17, 2002
Mayor Adolph noted this is the last meeting that Desert Sun reporter, Richard Guzman,
will be covering the City. He suggested sending a letter of appreciation for his news
coverage of La Quinta City Council meetings. Council concurred.
3. CONSIDERATION OF AN APPOINTMENT OF TWO COUNCIL MEMBERS TO
SERVE ON THE DESERT PLEIN AIR ART PURCHASE COMMITTEE.
Community Services Director Horvitz presented the staff report.
Council Member Henderson questioned what is meant by "hosting" a group of
artists as proposed in the La Quinta Arts Foundation letter. Ms. Horvitz stated
a representative from the Arts Foundation is not available to answer that
question.
Council Member Sniff stated he was not happy about dividing up the $7,500
into two art pieces but will go along with the Council's decision. He suggested
Council Member Henderson and Mayor Adolph be appointed to serve on the
committee, along with two members of the Cultural Arts Commission.
In response to Council Member Osborne, Council Member Henderson explained
how the funds were divided between art pieces from the Plein Air and Arts
Festival events. She stated she would support a higher amount if funded from
the Art in Public Places Fund.
Mayor Adolph noted if the entire $2,500 is not spent at the Plein Air event, the
balance will go toward the Arts Festival art purchase.
MOTION - It was moved by Council Members Sniff/Perkins to appoint Council
Member Henderson and Mayor Adolph to serve on the Desert Plein Air Art
Purchase Committee and to request the Cultural Arts Commission to name two
members to serve on the committee with the expenditure not to exceed
$2,500. Motion carried unanimously. MINUTE ORDER NO. 2002-241.
4. CONSIDERATION OF PERMIT APPLICATION TO THE FEDERAL FISH AND
WILDLIFE SERVICE REGARDING THE AMENDMENT TO THE FRINGE-TOED
LIZARD M.O.U.
Community Development Director Herman presented the staff report.
City Council Minutes 8 December 17, 2002
MOTION - It was moved by Council Member Sniff and Mayor Adolph to approve
the Permit Application to the Federal Fish & Wildlife Service regarding an
amendment to the Fringe-Toed Lizard MOU. Motion carried unanimously.
MINUTE ORDER NO. 2002-242.
5. CONSIDERATION OF A REQUEST FOR PROPOSALS (RFP) TO PREPARE THE
CITY MASTER DRAINAGE PLAN AND APPOINT A CONSULTANT SELECTION
COMMITTEE.
Public Works Director Jonasson presented the staff report.
MOTION - It was moved by Council Members Perkins/Osborne to authorize staff
to distribute a Request for Proposals (RFP) to prepare the City Master Drainage
Plan and appoint the Public Works Director, Assistant City Engineer, and Project
Manager to the Consultant Selection Committee. Motion carried unanimously.
MINUTE ORDER NO, 2002-243.
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
C. V. Mosquito & Vector Control District -- Council Member Perkins announced the
District will be hosting a Statewide conference in January. He added the Council will
receive invitations to the banquet.
League of California Cities-Riverside Division -- Council Member Henderson
commented on the State's ability to increase the Vehicle License Fees (VLF) if the
State budget reaches dire circumstances. She stated the League has developed a
coalition called LOCAL, which stands for "Leave Our Community Assets Local," and
they are considering taking a position to support a rollback of the VLF. The reason
they support the rollback is because the State will stop backfilling the cities' portions
of the fee, which would amount to a $1.4 million loss to the City. She stated cities
will be asked to adopt a resolution supporting rollback of the fees, and that will make
the cities look like the "bad guys." The Riverside Division has authorized sending a
letter to LOCAL expressing concerns about their position.
San Jacinto/Santa Rosa National Monument Advisory Committee -- Council Member
Henderson reported the Committee is wrapping up the final recommendations on
management of the Monument.
City Council Minutes 9 December 17, 2002
All other reports were noted and filed,
DEPARTMENT REPORTS
2. CITY ATTORNEY.
City Attorney Jenson reported 48 cities have joined the amicus brief on the
prevailing wage case.
3-A. REPORT ON UPCOMING EVENTS.
Mayor Adolph noted the Chamber of Commerce has rescheduled the Mayor's
Luncheon to January 9th.
8-A. STATUS UPDATE ON JEFFERSON STREET - PHASE II.
Public Works Director Jonasson gave a brief update on the project.
In response to Council Member Henderson, City Manager Genovese stated
CVAG's Executive Committee is aware that Jefferson Street is a "must build"
Measure A Fund project and that the funds they gave to other projects in front
of this one will have to be taken back to complete Jefferson Street.
Consultant Nickerson confirmed the City has a Reimbursement Agreement with
CVAG wherein they have committed to build Jefferson Street.
MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION OF THE LANDSCAPING AT HIGHWAY 111 AND WASHINGTON
STREET IN FRONT OF LG's STEAK HOUSE.
Mayor Adolph asked Council Members to review the landscaping at the
southeast corner of Washington Street and Highway 111 and make
recommendations to staff on ways to enhance it.
City Council Minutes 10 December 17, 2002
Council Member Henderson stated she understood the restaurant had planned
to have outside dining in that area, and she thought the utility boxes were
supposed to be moved.
Council recessed to and until 7:00 p.m.
7:00 P.M.
PUBLIC COMMENT - None
PRESENTATIONS - None
PUBLIC HEARINGS
1. PUBLIC HEARING ON: 1) CERTIFICATION OF AN ADDENDUM TO A
MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR
ENVIRONMENTAL ASSESSMENT 99-389, AND 2) TENTATIVE TRACT MAP
29323, AMENDMENT NO. 2, FOR A 381-LOT SUBDIVISION ON 127 ± ACRES
LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND
JEFFERSON STREET. APPLICANT: CORNERSTONE DEVELOPERS.
The Mayor declared the PUBLIC HEARING OPEN at 7:02 p.m.
Community Development Director Herman presented the staff report.
In response to Council Member Henderson, Public Works Director Jonasson
advised the developer will be responsible for 50% of the design costs for a
traffic signal, once warranted, at Jefferson Street and Esplanade Del Oro/Dunbar
Drive. He stated the Indio Public Works Director has indicated that Indio will
fund the other half in connection with the Jefferson Street Phase II Project.
Council Member Henderson stated she understood the developer was willing to
accept a right-in, right-out intersection in lieu of providing 100% of the funding
costs. She asked about the access spur on the west boundary, and questioned
Condition No. 37 of the tentative tract map.
Mr. Herman stated the spur on the west boundary is for a gated emergency
access.
City Council Minutes 11 December 17, 2002
Mr. Jonasson stated he understood the four lots were stricken from Condition
No. 37 because they meet City requirements.
In response to Mayor Adolph, Mr. Herman stated the perimeter wall along
Jefferson Street and Fred Waring Drive will be six feet high. The berm height
will be based on the mitigation required in the noise study, which has not yet
been completed.
Mike Marix, 128 Vista Monte, Palm Desert, of Cornerstone Developers,
confirmed they are willing to pay 50% of the traffic signal costs. Regarding
Condition No. 37, he stated the lots are deeper on the west side to mitigate the
elevation inconsistencies of the adjoining property lots.
In response to Mayor Adolph, Mr. Marix confirmed the west perimeter wall will
be inset four to five feet from the adjoining fences/walls.
In response to Council Member Perkins, Mr. Marix commented on the difficulty
of contacting all of the property owners regarding the adjoining fences/walls.
He believes most of them will remove their fences once the wall is constructed.
Council Member Henderson commented on the importance of having a traffic
signal at Jefferson Street and Esplanade Del Oro/Dunbar Drive because of
residents wanting to turn left toward the freeway. She noted the adjacent
property owners will have the benefit of using property belonging to this
development if the wall is constructed four to five feet within the development
boundary. She suggested the developer may want to contact the property
owners about having a common wall since development along that perimeter
won't take place for maybe three years.
Mr. M.arix noted although the property owners will have use of the excess land,
the property will still belong to the development that pays taxes on it. He
questioned what type of communication could be sent to the property owners,
and noted they also have a problem with elevation changes from lot to lot.
Council Member Perkins commented on the way the Laguna de la Paz
Homeowners Association has negotiated a similar common wall problem with
the Arts Foundation. He suggested the developer try to contact the property
owners and offer to remove their fences and replace it with a common block
wall. He questioned who would maintain the area between the wall and fences
if the wall is inset from the property line.
Joe Swain, of Cornerstone Developers, stated they will be meeting with the law
firm for the Security Association of the Bermuda Dunes Country Club, who will
City Council Minutes 12 December 17, 2002
be contacting the homeowners regarding the fences. They hope the
communication with the homeowners will be successful and allow for the
various fences to be removed and a common wall constructed. If not, the
developer will most likely build a "cheek to cheek" wall to avoid an alley-type
situation. He noted the economics of replacing a block wall as opposed to a
chain-link fence is quite different. The law firm has indicated that they feel
confident about the issue being resolved. He stated they would like to
construct the wall on their property line but it appears some of the existing
fences are on the property line.
In response to Council Member Osborne, Mr. Swain stated the grass retention
basin may include walkways and benches. As for the perimeter wall along
Jefferson Street, it will be on the higher elevation of the grade for sound
attenuation purposes.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 7:31 p.m.
RESOLUTION NO. 2002-164
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CERTIFYING AN ADDENDUM TO ENVIRONMENTAL
ASSESSMENT 99-389, FOR AN AMENDED SUBDIVISION OF 381 LOTS
LOCATED AT THE NORTHWEST CORNER OF FRED WARING DRIVE AND
JEFFERSON STREET (CORNERSTONE DEVELOPMENT).
It was moved by Council Members Henderson/Sniff to adopt Resolution No.
2002-1 64 as submitted.
Council Member Perkins stated he was uncomfortable approving the project
with the fence/wall issue unresolved.
Mayor Adolph asked if he would be more comfortable with the approval if staff
comes back with a report once the issue is resolved.
Council Member Perkins noted an approval will not provide for any hold on the
project if the issue is not resolved satisfactorily.
In response to Council Member Henderson, City Attorney Jenson confirmed a
condition can be added to the tract map requiring the wall to be constructed
immediately adjacent to the existing fence or at a minimum distance set by
Council.
Motion carried unanimously.
City Council Minutes 13 December 17, 2002
Council Member Perkins suggested a condition be added to the tract map
requiring existing fences to be removed and a new wall constructed, or a
minimum of four feet existing between the walls and fences of the adjoining
properties.
Mayor Adolph stated he wished to have maintenance of the area between the
two walls/fences included in the condition.
Council Member Henderson suggested language in the condition whereby the
circumstances regarding the fence reach a point of satisfaction that is agreeable
to the Community Development Director.
Council Member Perkins stated he would agree as long as emphasis is placed
on safety and maintenance of the area between the two walls.
Mr. Herman stated staff will add a condition dealing with the safety of the walls
subject to the Community Development Department and any agreement reached
with the Security Association of the Bermuda Dunes Country Club, as well as
maintenance of any area between the wall and adjoining fences.
Mr. Marix noted some of the homeowners may have built their fences inside
their property line, and he didn't want to be responsible for maintenance and
other issues in such cases.
Council Member Henderson stated she felt the proposed condition would cover
those circumstances.
RESOLUTION NO. 2002-165
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING TENTATIVE TRACT MAP 29323, AMENDMENT NO.
2 FOR THE SUBDIVISION OF 127 _+ ACRES INTO 381 SINGLE FAMILY LOTS
(CORNERSTONE DEVELOPMENT).
It was moved by Council Members Henderson/Sniff to adopt Resolution No.
2002-1 65 as amended (adding Condition No. 90 to read, "At locations along
the north and west perimeter boundaries of the tract, the common perimeter
wall shall be designed to eliminate any space between the new wall and any
adjacent existing walls/fencing, for safety and maintenance purposes; based
upon the overall individual pattern of existing wall/fence locations, the project
perimeter tract walls shall be reviewed and approved by the Community
Development Director."). Motion carried unanimously.
City Council Minutes 14 December 17, 2002
2. PUBLIC HEARING ON: 1) CERTIFICATION OF A MITIGATED NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL
ASSESSMENT 2002-459; 2) SPECIFIC PLAN 87-011, AMENDMENT NO. 4,
DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 488,050
SQUARE FOOT COMMERCIAL CENTER; 3) CONDITIONAL USE PERMIT
2002-072, TO ALLOW AN ATHLETIC FACILITY USE OVER 5,000 SQUARE
FEET; 4) TENTATIVE PARCEL MAP 30903, A REQUEST TO SUBDIVIDE 50.62
ACRES INTO SIX PARCELS; AND 5) SITE DEVELOPMENT PERMIT 2002-751
TO ALLOW CONSTRUCTION OF FIVE COMMERCIAL BUILDINGS LOCATED ON
PROPERTY BOUNDED BY HIGHWAY 111, AVENUE 47, WASHINGTON
STREET, AND ADAMS STREET. APPLICANT: WASHINGTON 111, LTD.
The Mayor declared the PUBLIC HEARING OPEN at 7:45 p.m.
Community Development Director Herman presented the staff report. Principal
Planner Baker reviewed the site plan and elevations and the development
standard modifications requested by the applicant in the specific plan.
In response to Council Member Henderson, Mr. Baker advised the applicant is
requesting a modification to the building height allowance along Highway 111.
The proposed height for the Washington Mutual Bank is 26 feet and the
standard is 22 feet.
Council Member Sniff asked about the fabric awnings, and Mr. Baker stated he
would refer that question to the architect.
Mr. Baker stated the applicant has also requested a modification to the parking
standards. The applicant proposes more than the City's standard for retail but
because restaurants consume more parking spaces than retail, the proposed
standard for the entire project will be close given the proposed square footage
of the restaurants. If other restaurants are proposed at a later date, the
developer will be held to the number of parking spaces and building square
footages proposed in the specific plan.
Council Member Perkins stated he did not want to see another parking problem
like the one existing at LG's Restaurant. He also wished to have the City's
parking standards brought back for future discussion.
Mr. Baker stated the applicant has also proposed a 20-foot building setback
along Washington Street, which would be the same as the golf cart store at the
La Quinta Court.
City Council Minutes 15 December 1 7, 2002
In response to Council Member Perkins, Mr. Herman confirmed the building
setback for the bank under construction at Avenue 47 and Washington Street
is also 20 feet.
Mr. Baker confirmed the setback along Highway 111 will be the same as
Lowe's and the Auto Centre.
Dale Frank, the applicant, gave a brief presentation on the project. He stated
the landscaping along Highway 111 will include meandering sidewalks, and
certain architectural elements will be used at focal points to make the
development stand out. The architecture of the typical box building constructed
by Target has been modified for the La Quinta store.
In response to Council Member Sniff, Mr. Frank stated the awning fabric is
warranted for ten years. The architecture of the buildings will be flat roofs like
La Quinta Court and the wall texture will be similar to what is found at The
River project in Rancho Mirage. As for the circulation plan, he stated he would
like to work with staff to eliminate one of the exits onto Avenue 47.
Council Member Sniff noted good internal circulation allows people to access
other businesses within the development without exiting onto Avenue 47,
Washington Street, or Highway 111.
In response to Council Member Osborne, Mr. Herman stated there will be two
southbound access points to the development from Washington Street.
Mayor Adolph asked if the project is conditioned to construct medians on
Washington Street, to which Mr. Frank responded, "yes."
In response to Council Member Henderson, Mr. Frank reviewed bus shelter
locations on Washington Street and Highway 111.
In response to Council Member Sniff, Mr. Herman stated the project will have
3,21 2 parking spaces.
In response to Council Member Perkins, Mr. Frank stated the proposed tenants
so far are Washington Mutual Bank, Henry's Market, Big 5 Sporting Goods,
Target, Stein Mart, and three to five smaller tenants. He didn't feel there would
be a conflict between the two markets because Henry's Market is a health food
store.
Council Member Henderson asked if the developer has commitments from the
tenants listed in the specific plan, to which Mr. Frank responded, "yes."
City Council Minutes 16 December 17, 2002
Mr. Frank stated they hope to begin grading after the first of the year and to
have Target open by March 2004.
Mayor Adolph asked what can be done to mitigate the concerns of the Lake
La Quinta residents who own upscale homes across Avenue 47.
Mr. Frank stated tl~ey plan to use major landscaping along Avenue 47 and to
keep the building square footage down. Additionally, the tenants in that area
will most likely be office-type users, such as title companies or doctor's offices.
Mayor Adolph commented on Council's concerns about the landscaping at the
southeast corner of Washington Street and Highway 111. He stated he
understood the fountain would be one continuous fountain instead of three
smaller ones, and feels the landscaping in that area lacks any height element.
Mr. Frank stated the landscaping will fill out as it matures, and he noted trees
were not used in the landscaping because of the visibility and safety element.
Council Member Sniff commented on the sparseness of the landscaping.
Mayor Adolph questioned visibility on that corner being an issue since drivers
using the right-turn lane are looking to the left before merging into traffic. He
feels the Council wanted to see something first class at that corner, not what
exists there. He has a problem if that is the type of enhanced landscaping the
developer is suggesting for this project.
Donald Rector, 46-450 Cameo Palms Drive, voiced concern about potential
impacts of this project on the housing development across Washington Street,
including traffic, color scheme, water supply, archeological and biological
resources, and drainage. Traffic congestion from additional businesses in the
area is a big issue, and he didn't feel setbacks along Washington Street should
be reduced to 20 feet. He didn't like the color scheme of the La Quinta Court
project and hopes the colors are not used in this project. He also encouraged
Council to uphold the Dark Sky Ordinance.
Diane Blasdel, attorney with Seizer, Ealy, Hemphill, & Blasdel and representing
Jenson's Finest Foods, stated Jenson's objects to the project based on potential
significant impacts on the existing drainage pattern and traffic. She stated
CEQA requires mitigation measures to be incorporated prior to certification of
a negative declaration, and studies conducted after a project is approved does
not guarantee an adequate inquiry nor provide proper notification of the public
to review the mitigated measures. As for traffic impacts, she noted there is no
left turn onto Washington Street except at Avenue 47, resulting in a majority
City Council Minutes 17 December 17, 2002
of the traffic traveling northbound. She feels the mitigated monitoring program
fails to include mitigation measures that are set forth in the mitigated negative
declaration. She added Jenson's objections to the project is not based entirely
on the basis of competition, however, the exclusive provisions provided in their
lease states that they will be the sole retail food store, including butcher shop,
bakery, produce store, delicatessen, liquor and wine, florist, and speciality gift
baskets. They believe locating Henry's Market, which is very similar to
Jenson's, within this project is a violation of their lease. She stated although
this is a civil issue, Jenson's feels the City should take it into consideration,
especially since Henry's Market is proposed to be located at the closest
proximity possible to Jenson's.
In response to Ms. Blasdel's comments, City Attorney Jenson stated Condition
Nos. 31 through 37 of the Specific Plan have been included to control the
standards to which the hydrology study needs to show compliance. She
advised CEQA allows deferred mitigation and future study to satisfy a current
mitigation obligation if specific performance criteria exists. She noted no
evidence has been submitted that suggests a significant impact exists and that
no expert testimony has been provided. Regarding the traffic issue, she pointed
out the mitigated negative declaration indicates a potential for substantial
impact along with nine mitigation measures.
In response to the City Attorney, Public Works Director Jonasson confirmed the
nine mitigation measures reduce the traffic impact to a level of insignificance.
He added the setback includes an additional six feet that can be used to widen
Washington Street to eight lanes should that be needed in the future and that
is also addressed in the document.
Ms. Jenson stated she feels the evidence provided in the mitigated negative
declaration is sufficient for Council to make the needed findings, and that
nothing substantial has been submitted to suggest the existence of a substantial
impact. Regarding the mitigation monitoring plan, she feels the objection is
without merit because the form is correct and stated the City is not required to
include the conditions of approval. As for the economic issues between the
tenant and the landlord, she noted they are not CEQA issues, and since the City
is not a party to the lease, the City has no legal standing to make an
assessment about the civil issue.
In response to Mayor Adolph, Ms. Jenson confirmed she is comfortable that the
City has done its due diligence and is within its legal rights to proceed. Should
there be a challenge to the project, she noted the applicant is responsible for
defending the issue and paying for the defense of the City.
City Council Minutes 18 December 17, 2002
In response to Council Member Henderson, Ms. Jenson stated the Fringe Toed
Lizard is covered by an MOU, which is considered full mitigation for any impacts
on the Fringe Toed Lizard.
Council Member Henderson asked if the project is conditioned to uphold the
Dark Sky Ordinance and if appropriate steps have been taken to protect any
archeological concerns, to which Mr. Herman responded, "yes." She also asked
about the water supply issue.
Mr. Herman stated CVWD has indicated their capability to serve the project.
They will review the plans, and require well sites and necessary improvements
to provide water services to the site.
There being no other requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 9:17 p.m.
RESOLUTION NO. 2002-166
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT (EA 2002-459) PREPARED FOR SPECIFIC PLAN
87-011 AMENDMENT NO. 4, PARCEL MAP 30903, AND CONDITIONAL USE
PERMIT 2002-072 ( WASHINGTON 111, LTD.)
It was moved by Council Members Sniff/Henderson to adopt Resolution No.
2002-166 as submitted. Motion carried unanimously.
RESOLUTION NO. 2002-167
A RESOLUTION OF THE CITY COUNCIL OF THE CITY-,' OF LA. QUINTA,
CALIFORNIA, APPROVING THE DESIGN GUIDELINES AND DEVELOPMENT
STANDARDS FOR A 66-06-ACRE COMMERCIAL CENTER (SPECIFIC PLAN
87-011 AMENDMENT NO. 4 - WASHINGTON 111, LTD.)
It was moved by Council Members Henderson/Perkins to adopt Resolution No.
2002-167 as submitted. Motion carried unanimously.
RESOLUTION NO. 2002-168
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING A COMMERCIAL ATHLETIC FACILITY USE OVER
5,000 SQUARE FEET (CONDITIONAL USE PERMIT 2002-072 - WASHINGTON
111, LTD.)
It was moved by Council Members Sniff/Osborne to adopt Resolution No.
2002-168 as submitted. Motion carried unanimously.
City Council Minutes 19 December 17, 2002
RESOLUTION NO. 2002-169
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING TENTATIVE PARCEL MAP 30903 TO ALLOW THE
SUBDIVISION OF APPROXIMATELY 50.62 ACRES INTO SIX LOTS
(WASHINGTON 111, LTD.)
It was moved by Council Members Osborne/Henderson to adopt Resolution No.
2002-169 as submitted. Motion carried unanimously.
RESOLUTION NO. 2002-170
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR FIVE COMMERCIAL
BUILDINGS (SITE DEVELOPMENT PERMIT 2002-751 - WASHINGTON 111,
LTD.)
It was moved by Council Members Henderson/Sniff to adopt Resolution No.
2002-170 as submitted. Motion carried unanimously.
ADJOURNMENT
There being no further business, it was moved by Council Members Sniff/Henderson
to adjourn. Motion carried unanimously.
Respectfully submitted,
JUNE S. GREEK, City Clerk
City of La Quinta, California