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2003 05 20 CC Minutes LA QUINTA CITY COUNCIL ...... MINUTES " MAY 20, '2003 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, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None CLOSED SESSION - None 1. Conference with labor negotiators, Ski Harrison, Mark Weiss, end John Ruiz, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6 - Meet and Confer Process. --- 2. Public Employee Performance EvaluatiOn pursuant to Government Code Section 54957 - Council-Appointed Position, City Manager. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. ,, 3:00 P.M. PUBLIC COMMENT Michael Rosenfeld, 53-380 Avenida Carranza, of Coachella Valley Coalition for Responsible Sovereignty, spoke about the growth of casinos and their impact on the Valley. Mayor Adolph asked .if he was aware there are no tribal lands within the City limits of La Quinta. Mr. Rosenfeld stated he is aware of that but noted that could change in the future because tribal lands are in the hands of the Federal government. City Council Minutes 2 May 20, 2003 Nancy Doria, 79-448 Calle Prospero, suggested renaming the new park on Adams Street and Westward Ho Drive after Deputy Bruce Lee who was killed last week in the line of duty. Mayor Adolph informed Ms. Doria she should put her request in writing to the City. Council Member Henderson commented the City has received a number of emails with the same request. Joann Smith, 79-372 Calle Sonrisa, spoke in support of Ms. Doria's request, and stated she is one of those who emailed the request. Rosa Maria Gonzales, 81-600 Avenue 58, of Imperial Irrigation District, reported the District has more than enough resources to cover the energy needs of its customers this summer. They also have new programs available for energy savings and rebates. Johnny Pott, 78-160 Calle Norte, Senior Vice President of Landmark Golf Company, spoke regarding the City's plan to build a municipal golf course, and stated he feels the development coordinator and construction manager should not be two separate entities. He also believes they should be hired before bringing a golf architect on board. He stated his company would like to be involved in making this project the best it can be. PLEDGE OF ALLEGIANCE Mayor Adolph led the audience in the Pledge of Allegiance. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None City Council Minutes 3 May 20, 2003 PRESENTATIONS " "Dan Parks, Assistant to the General Manager of* Coachella Valley Water District, gave a brief update on the changes to the Colorado River water availability, and advised CVWD's allotment of Colorado River water has been reduced by 31%. He stated CVWD continues to work on a Quantification Agreement, which would resolve a number of issues, and the cities can help by supporting the current legislation on that matter. He advised CVWD has taken action to reduce water usage by discontinuing use of canal water for construction and golf courses. He added they are trying to work with the golf 'community so as not to impose an undue burden on them. They are negotiating with Palo Verde for water but no agreement has been reached, and if it isn't reached, CVWD plans to tap into private water supplies to use it for irrigation. In response to Council Member Henderson, Mr. Parks stated they are looking at purchasing water, primarily from agriculture wells that are not being used or used only intermittently. In response to Council Member Perkins, Mr. Parks confirmed more water is being used than what is going back into the groundwater. He noted this is a -- long-term issue that is not an immediate problem but the cut-back on Colorado River water has accelerated their concerns. He stated an agreement with Palo Verde will go a long way in making it easier to fill the gap. They recently adopted a model landscape ordinance, which reduces the factors that allocate water use by 25%. He noted outdoor water usage is an area where an impact can be made. As for gated communities with high water usage for landscaping, they have a few programs available to assist areas in water conservation. Council Member Sniff commented on the difficulty of recharging the aquifer, and noted it's the same aquifer whether water is drawn from private wells or not. He noted a growing population, evaporation, and excessive use of water is creating a challenge for which he's not sure there is a happy solution. Council Member Osborne asked if the east valley wells will be' metered, to which Mr. Parks responded, "Yes." He added the replenishment charge of $68 per acre foot will not be assessed to users in the east end of the valley until next year. He stated they have two successful demonstration recharge projects in place. ~ ,, · In response to Mayor Adolph, Mr. Parks confirmed the golf course developments had very short notice about the cut off of canal water but he City Council Minutes 4 May 20, 2003 noted their contracts with CVWD require them to have alternate water supply sources in place. He stated CVWD will be doing better follow-up in the future to make sure the alternate water sources are being developed. CVWD has received requests for accommodation of time, and if a development is drilling a well, they are providing them with additional time. Mayor Adolph asked how he suggests Council respond to residents' questions about their concerns about water shortage, especially since the City is planning a municipal golf course project with big lakes. Mr. Parks stated water is the lifeblood of the desert community, and we are using more water than we should. We all must learn to do more with less by looking at how we landscape and maintain our yards, design golf courses, and grow vegetables. Council Member Henderson asked how long the requirement for alternate water supply sources has been in CVWD's contracts with developments, and Mr. Parks replied, "since the early 90s." WRITTEN CORRESPONDENCE 1. LETTER FROM MAYOR STEVE HERFERT OF WEST COVINA, CALIFORNIA, REGARDING AB 1495 (AMENDMENT TO MEGAN'S LAW). Council Member Henderson stated she doesn't have a problem having staff review this to see if the City can support it. Council concurred to refer the matter to staff. 2. LETTER FROM JEAN M. BENSON OF PALM DESERT, CALIFORNIA, REQUESTING A DONATION FOR JULY 4TM FIREWORKS DISPLAY. After a brief discussion, Council concurred to direct staff to place this matter on the next agenda. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of May 6, 2003, as submitted. Motion carried unanimously. City Council Minutes 5 May 20, 2003 ~' ..... CONSENT CALENDAR * 1. APPROVAL OF DEMAND REGISTER DATED MAY 20, 2003. 2. APPROVAL OF TREASURER'S REPORT DATED MARCH 31, 2003. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR THE PERIOD ENDING MARCH 31, 2003. 4. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28603-1, SWH HERMITAGE, LLC. 5. APPROVAL OF CONTRACT CHANGE ORDER NO. 1 AND ACCEPTANCE OF PROJECT NO. 2001-10, ClTYWlDE TRAFFIC SIGNAL IMPROVEMENTS. 6. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28797, THE CITRUS COURSE, RJT HOMES, LLC. 7. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT --- 28447, THE CITRUS COURSE, RJT HOMES, LLC. , 8. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 29613, LA QUINTA FAIRWAYS, RJT HOMES, LLC. 9. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR INSTALLATION OF A SIDEWALK ON EISENHOWER DRIVE BETWEEN AVENIDA MARTINEZ AND CALLE TAMPICO. 10. APPROVAL OF PLAN, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR THE LA FONDA STREET ENHANCEMENTS, PROJECT NO. 2002- 05 AND AUTHORIZATION TO RECEIVE BIDS. 11. APPROVAL OF A CALIFORNIA DEPARTMENT OF TRANSPORTATION SAFE ROUTES TO SCHOOL PROGRAM GRANT APPLICATION FOR SIGNALIZED PEDESTRIAN CROSSINGS AT JOHN GLENN MIDDLE SCHOOL AND AMELIA EARHART ELEMENTARY SCHOOL. 12. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR INSTALLATION OF A SIDEWALK ON AVENIDA BERMUDAS BETWEEN AVENUE 52 AND CALLE ESTADO. City Council Minutes 6 May 20, 2003 13. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 14. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES EXECUTIVE FORUM IN MONTEREY, CALIFORNIA, JULY 16-18, 2003. 15. APPROVAL OF COUNCIL MEMBER HENDERSON'S REQUEST FOR RE- APPOINTMENT TO THE SANTA ROSA/SAN JACINTO MOUNTAINS NATIONAL MONUMENT ADVISORY COMMITTEE. MOTION - It was moved by Council Members Perkins/Henderson to approve the Consent Calendar as recommended. MINUTE ORDER NO. 2003-42. BUSINESS SESSION 1. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DENIAL OF SIGN APPLICATION NO. 2002-616, AMENDMENT NO. 1, FOR CHAMPION CADILLAC/RICHARD HAUKE. APPLICANT: GRAPHIC RESOURCES. Community Development Director Herman presented the staff report. In response to Mayor Adolph, Mr. Herman confirmed the original signs were "grand-fathered" because they were installed prior to incorporation of the City but would have to remain the same as they were under Simon Motors ownership. Council Member Perkins asked if the signs are already installed, to which Mr. Herman replied, "Yes." Council Member Henderson stated she understood the Planning Commission was pleased with the sign application, and she questioned why the applicant installed something different from what had been approved. She also asked if the flags on the site are permitted, or if any other violations exist on the property. Mr. Herman advised the applicant is present to explain why they installed different signs. As for the flags, they are in violation and the applicant has held events on the site without a special use permit. City Council Minutes 7 May 20, 2003 COuncil Member Henderson noted the auto dealer recently made a contribution to the Police Department, which she feels shows they are a good corporate member of the community. Council Member Sniff asked how the sign sizes were verified. Mr. Herman stated the sizes referenced in the staff report are based on the drawings submitted by Graphic Resources. In response to Mayor Adolph, Mr. Herman stated the site is allowed 50 square feet of signage but the Planning Commission can grant larger signs if deemed appropriate. Council Member Sniff noted the difference between Simon Motors' signs and the applicant's signs is only 21 square feet. Mr. Herman concurred but noted the total square footage is more than what was approved by the Planning Commission. In response to questions by Council Members Osborne and Perkins, Mr. Herman Stated a special use permit is required for music events on the site, and an approved specific plan is needed for the flags. Richard Hauke, of Champion Motors, stated he believes the 9 square feet of customer parking signage should be added to Simon Motors' total making it 585 square feet. He explained the circumstances that has resulted in the total square footage being more than what was approved by the Planning Commission. He stated the Champion sign had to be enlarged to keep from being lost in comparison to the size of the brand name signs, and they were also under pressure from General Motors to have the brand name signs. He advised they planned to go back to the Planning Commission for approval. He stated they have not installed some of the less-important signs resulting in a current total square footage of 473 square feet. They would like to install the remaining signs but more specifically would like to have the current signs not modified. He commented on the importance of signage, and noted they are generating four times more sales tax than Simon Motors generated. He asked Council to approve the revision, and stated they will eliminate the flags and music events. In response to Council Member Perkins, Mr. Hauke stated he believes the current square footage is only one square foot more than the amount approved by the Planning Commission if you don't count the customer parking signs. They are willing to remove the Chevrolet sign City Council Minutes 8 May 20, 2003 in exchange for allowing the Cadillac logo, and they would like to have the Iogos on the canopy, which will add another 25 square feet. _ Council Member Henderson asked for clarification on which signs Mr. Hauke proposes to remove and which ones he still wants to install. Mr. Herman stated it's his understanding that the applicant proposes to eliminate the banner, the Cadillac logo above the parts department, and the Chevrolet sign on the west wall. Additionally, no signs would be allowed on the south or west-facing walls of the two buildings located northwest of Simon Drive. He stated the applicant wishes to add a Cadillac logo facing Highway 111, and to have three brand name Iogos on the awning. He advised staff recommends adding a condition requiring that the awning not be translucent or transparent but can be illuminated for safety. Mr. Hauke concurred with the clarification. Council Member Osborne commented on the pressure put on auto dealers by the manufacturers, and stated he feels the difference in square footage is negligible. He noted someone at the dealership should be more aware of the City's requirements as it relates to such things as flags and music events. Mayor Adolph stated he is not a proponent of a lot of signage, and doesn't want the City to look like a circus but feels the "negotiated" sign proposal is okay. MOTION - It was moved by Council Members Perkins/Sniff to approve Sign Application 2002-616 submitted by Champion Cadillac/Richard Hauke and revised as discussed above, including a condition that the awning not be translucent or transparent. Motion carried unanimously. MINUTE ORDER NO. 2003-43. 2. CONSIDERATION OF A RESOLUTION TO REVISE AND REPEAL RESOLUTION NO. 98-15 REGARDING SOLICITATION AND SELECTION OF FIRMS AND AWARDS OF CONTRACTS. City Clerk Greek presented the staff report. In response to Council Member Henderson, City Manager Genovese advised change order approvals are not a part of this resolution. City Council Minutes 9 May 20, 2003 RESOLUTION NO. 2003-26 · 'A RESOLUTION OF THE CITY COUNCIL OF' THE CITY'OF LA QUINTA, CALIFORNIA, REGARDING SOLICITATION AND SELECTION OF FIRMS AND AWARD OF CONTRACTS FOR THE FURNISHING OF SERVICES AND REPEALING RESOLUTION 98-15. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-26 as submitted Motion carried unanimously. 3. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTER 2.70, SECTION 2.70.010(B) (GENERAL RULES) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO THE INVESTMENT ADVISORY BOARD. City Clerk Greek presented the staff report. Council Member Henderson commented on the increase in the City's population, and suggested including a requirement that Investment Advisory Board Members be La Quinta residents. Council Member Osborne spoke in support of reducing the membership, and noted the Board has operated with only five members present at most meetings for the last two years. He also supports residency of members as long as any of the non-resident, current members remain eligible for future appointments to the Board. Council Member Sniff suggested adding the modified language when the ordinance comes back for second reading. Mayor Adolph noted reducing the membership will result in two less residents being involved but stated he will support it. He added he feels problems with absences should be dealt with. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 383 by title and number only and waive further reading. Motion carried unanimously. City Council Minutes 10 May 20, 2003 ORDINANCE NO. 383 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.70, SECTION 2.70.010 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 383 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None 4. CONSIDERATION OF PLACEMENT OF CIVIC CENTER ART PURCHASE. Community Services Director Horvitz presented the staff report. Council Member Henderson stated she feels the art piece should have a plain background so the "Balancing Forms" can be seen. Council Member Sniff voiced concern about people bumping into the pointed edge. Ms. Horvitz advised the art piece can be moved out into the planting area, and turned so the point, which is actually a blunt edge, will not be dangerous. Council Member Osborne commented on the difficulty of finding locations for more Civic Center artwork. Council Member Perkins suggested placing it in the courtyard and moving it if it doesn't look good there. MOTION -It was moved by Council Members Sniff/Perkins to approve the Cultural Arts Commission's recommendation for the location of the "Balancing Forms" Civic Center art piece and allocate an amount not to exceed $300 from the Art in Public Places Fund. Motion carried unanimously. MINUTE ORDER NO. 2003-44. City Council Minutes 11 May 20, 2003 Council Member Sniff recommended suspending the Civic Center Art Purchase Program for next year, pending further evaluation of available artworklocationS. ' Council Member Perkins suggested dealing with it when the issue comes up next year. 5. CONSIDERATION OF THE CULTURAL ARTS COMMISSION WORK PLAN FOR FISCAL YEAR 2003/2004. Community Development Director Horvitz presented the staff report. Council Member Perkins commented on Martin Langer's attempts to put on concerts for the City, and stated he would like to see part of the event funding set aside for Mr. Langer to put on four concerts. City Manager Genovese noted if the Work Plan is approved, the requested funds will become a line item in the budget for Council to consider, and an agreement with Mr. Langer would be a separate issue. Council Member Henderson congratulated the Commission for the last concert but suggested different criteria for future events because she feels it is difficult to have a five-hour event with artists, music, and food. She also feels Friday and Saturday nights are difficult times to draw attendance. She noted the City has waited a long time to have a venue for concerts, and now that it does, she feels it's the appropriate time to deal with it. She' also suggested changing the task title to "Purchase and Placement of Public Art." Council concurred. Council Member Henderson asked if bullet //1 under Placement of Public Art should be moved to Develop Public Art Program Information. Ms. Horvitz replied it fits in both categories, and is placed there so the City knows where the art pieces are located to avoid clustering them. Council Member Henderson stated she will be looking at the expenses .__ related to the concerts when the budget is considered, and noted the extra parking and parking service for the last concert event were probably not necessary. City Council Minutes 12 May 20, 2003 Council Member Sniff stated he feels the complexity and length of the event probably resulted in it not working as well as hoped. He suggested a sharper focus and limiting the events to 2 to 2 Y2 hours. MOTION - It was moved by Council Members Sniff/Henderson to approve the Cultural Arts Commission's 2003/2004 Work Plan as modified. Motion carried unanimously. MINUTE ORDER NO. 2003- 4,5. 6. CONSIDERATION OF A FINANCIAL CONTRIBUTION TO THE FAMILY OF OFFICER BRUCE LEE FROM THE DEPUTY JAMES LEHMANN AND DEPUTY MICHAEL HAUGEN MEMORIAL TRUST FUND. Council commended staff and the Police Department for the efforts and manner in which the memorial service took place for Deputy Bruce Lee. Building & Safety Director Hartung presented the staff report. MOTION - It was moved by Council Members Sniff/Perkins to contribute $10,000 from the Deputy James Lehmann and Deputy Michael Haugen Memorial Trust Fund to Deputy Bruce Lee's widow and utilize Police Chief Horton's assistance as deemed appropriate. Council Member Perkins commented on the good job the Sheriff's Department does in taking care of its own, and recommended the money be given to Captain Horton to determine how the money should be distributed between Deputy Lee's parents and his wife. Council Member Sniff stated he discussed this matter with Captain Horton yesterday, which is why he made the motion to utilize his assistance as deemed appropriate. He noted Mrs. Lee can dispose of the money as she sees fit. Council Member Perkins concurred. Council Members Henderson and Osborne spoke in support of the motion. Mayor Adolph commented on the benefit of being able to provide some immediate financial assistance to the family. Motion carried unanimously. MINUTE ORDER NO. 2003-46. City Council Minutes 13 May 20, 2003 Lieutenant Greg Ammons, of the Riverside County Sheriff's Department, expressed appreciation for the manner in which the City 'responded in this 'difficult'Situation. ' 7. SECOND READING OF ORDINANCES ORDINANCE NO. 382 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP FOR CERTAIN REAL PROPERTY (ZONE CHANGE 2003- 110 - VISTA ENCANTO LA QUINTA L.P.) It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 382 as submitted. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ,--- ABSTAIN: None ABSENT: None Council recessed to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS The Mayor and Council Members presented art awards to the following students of Amistad High School whose artwork has been displayed at City Hall: Dan Loera Marlena Orozco Ruben Torres Saul Mora Silvia Rios Pedro Zavala Jovani Olivares Joel Teran City Council Minutes 14 May 20, 2003 The Mayor and 'Council Members also presented art awards to the following students who submitted artwork for The La Quinta Park playground equipment: Section One Section Two Yvette Beltran Gabby Barajas Sarah Bustamante Caroline Bradford Mimi Carrera Obed Heredia Konnie Enriquez McKinley Hinkle Ramsey Hinkle Rocio Martinez Kameron Laitinen Haley Obeso Luis Morales Mario Ramirez Alejandra Pelayo Adrian Reyes David Sanchez Blair Shannon Erika Tamayo Irfan Soetomo Erika Yonfong Ramon Tapia Adrian Zamora PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON GENERAL PLAN AMENDMENT 2003-090, ZONE CHANGE 2003-111, AND SPECIFIC PLAN 2001- 055, AMENDMENT NO. 1, A REQUEST TO CHANGE THE GENERAL PLAN AND ZONING DESIGNATION FROM TOURIST COMMERCIAL TO OFFICE COMMERCIAL, MEDIUM DENSITY RESIDENTIAL TO OFFICE AND TOURIST COMMERCIAL, PARK TO MEDIUM DENSITY RESIDENTIAL; AND REVISION OF THE DEVELOPMENT STANDARDS FOR THE TOURIST COMMERCIAL USES INCLUDING HOTELS AND RETAIL-RELATED USES, CREATING DEVELOPMENT STANDARDS FOR OFFICE COMMERCIAL USES, AND REVISING THE DEVELOPMENT STANDARDS FOR RESIDENTIAL USES INCLUDING ATTACHED, CLUSTER, AND DETACHED UNITS. APPLICANT: CALIFORNIA INTELLIGENT COMMUNITIES AND THE LA QUINTA REDEVELOPMENT AGENCY. The Mayor declared the PUBLIC HEARING OPEN at 7:1 5 p.m. Community Development Director Herman advised staff is recommending the public hearing be continued to June 3, 2003. City Council Minutes 15 May 20, 2003 MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for General Plan Amendment 2003-090, Zone Change 2003-111, and Specific Plan 2001-055 ~(California Intelligent Communities). Motion carried unanimously. MINUTE ORDER NO. 2003-47. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION TO CLOSE A 1,290-FOOT LONG SEGMENT OF THE WASHINGTON STREET FRONTAGE ROAD TO MOTOR VEHICULAR TRAFFIC SOUTH OF HIGHLAND PALMS DRIVE. Public Works Director Jonasson and Assistant City Engineer Speer presented the staff report. In response to Council Member Perkins, Mr. Speer confirmed Washington Street will have three lanes in both directions, and there will be a deceleration lane for vehicles turning right into the church property. He further confirmed those businesses across Washington Street that do not have building entitlements when the street is closed can be conditioned to help pay for the traffic signal. Council Member Perkins stated he supports the street closure. Council Member Henderson concurred. In response to Council Member Sniff, Mr. Speer stated the retention basins will be interconnected with overflow pipes, and sized to hold a lO0-year storm. He stated determining the depth of the clay layer will be part of the design consideration, and noted the Arts Foundation had to go down 6-7 feet to get percolation at a reasonable rate. Should the capacity of the basins be exceeded, the water will pond to both the north and south. He stated CVWD will not allow any more runoff into the evacuation channel. Council Member Sniff stated he feels there should be a requirement for the retention basin to reach a soil level where the water can percolate. In response to Council Member Osborne, Mr. Speer confirmed the Planning Commission has recommended not closing the road until the traffic signal is installed at Lake La Quinta Drive, which will take at least six months. He stated the three-year time period is for the purpose of allowing the church sufficient time to raise the funds City Council Minutes 16 May 20, 2003 needed for the improvements. He added the intent is to enter an agreement with the church to design and install all of the improvements, both onsite and offsite, and the City will reimburse the church for the public improvements as they are done. Council Member Osborne stated he supports the project. In response to Mayor Adolph, Mr. Speer stated he would let the applicant address the issue of who will be purchasing the lot but he noted it will not be the City. As for the church's plans for future expansion, he stated there is more developable land but it would be a separate entitlement action. He then reviewed the required setback area from Washington Street for any future buildings. The Mayor declared the PUBLIC HEARING OPEN at 7:20 p.m. Father Jack Barker, of Saint Francis of Assisi Church and Vince Starace, 81-031 Aurora Street, Indio, consultant for the church, stated there is no consideration in the master plan to build anything in the retention basin. He stated they have a reciprocal parking agreement with the Arts Foundation but cannot rely upon it due to the uncertainty of that property, and they need sufficient parking for special services to take the pressure off the neighborhood. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:50 p.m. RESOLUTION NO. 2003-27 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CLOSING THE 1,290-FOOT LONG SEGMENT OF THE WASHINGTON STREET FRONTAGE ROAD TO MOTORIZED VEHICULAR TRAFFIC SOUTH OF HIGHLAND PALMS DRIVE (CASE NO. RW-C 2003-003 - CITY OF LA QUINTA AND SAINT FRANCIS OF ASSISI CHURCH). It was moved by Council Members Henderson/Perkins to adopt Resolution No. 2003-27. Motion carried unanimously. 3. PUBLIC HEARING TO CONSIDER: 1) ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT (EA 2002-463); AND APPROVAL OF CONDITIONAL USE PERMIT 2002-073, AND SITE DEVELOPMENT City Council Minutes 17 May 20, 2003 PERMIT 2002-755 TO ALLOW THE EXPANSION OF THE PARKING LOT, LANDSCAPING AND LIGHTING, RETENTION BASINS, AND AN ADDITIONAL 600+ FEET SOUTH OF THE SOUTHWEST .CORNER OF WASHINGTON STREET FRONTAGE ROAD AND HIGHLAND PALMS DRIVE. APPLICANT: SAINT FRANCIS OF ASSISI CHURCH. Community Development Director Herman and Associate Planner MagaRa presented the staff report. Council Member Osborne asked about the parking lot lighting. Mr. Maga~a stated the maximum height for the light poles is 12 feet, the same as the Art Foundation's lighting, and the fixtures will be shielded. In response to Mayor Adolph, Mr. MagaRa stated the entire site can be graded in a manner that will not require retaining walls. Council Member Sniff voiced concern about the 3-foot high retaining wall not being sufficient height to hold back an accumulation of sand behind it, especially if there is flooding from the mountain. Assistant City Engineer Speer advised the sand area behind the wall will be cut back to a 3-1 slope. Mr. MagaRa stated the issue will be considered when the final grading plan is done. Vince Starace, 81-031 Aurora Street, Indio, consultant for the church, referenced Item No. 3 on Page 2 of the staff report and asked about the difference between an easement and right-of-way. He stated they currently have an agreement on that access with the Arts Foundation, which is also a non-profit organization. However, not knowing the future of that property, they have concerns about leaving the access open-ended because the access could become a main entrance for a for-profit property and they cannot be a partner to that. He feels it should be clarified that this must remain a secondary access. City Attorney Jenson advised the right-of-way is in favor of the City and the easement is for the benefit of the adjoining property owner. It is appropriate for the City to impose a condition of granting an easement for traffic flow. If Council wants to make it conditional for existing uses, a lesser license agreement can be required that is revocable with the City's approval.- City Council Minutes 18 May 20, 2003 In response to Mayor Adolph, Mr. Herman noted a right-in, right-out exists to the south of the full intersection which would eventually have to be closed, leaving that property with only the existing right-in, right-out main entrance, and the fire code requires a secondary access. Ms. Jenson suggested calling it a recorded license agreement that is subject to cancellation with the approval of the City Council. Mayor Adolph stated he would prefer allowing the church flexibility in the future. Mr. Herman noted, although the Arts Foundation has a specific plan, the property is zoned Iow density residential, and a public hearing would be required if a land-use change is proposed. Mr. Starace noted they will be dedicating 1.7 acres of land to handle the runoff from the Highland Palms area. Father Jack Burke, of Saint Francis of Assisi Church, stated they hope to complete the off-site improvements and half of the parking area right away. He expressed appreciation for the condition that recommends some leeway regarding the timing of the improvements, and stated they should also negotiate the value of the land they are dedicating to the City and the issue of the easement. He stated they will be reducing the height of the trees on the north side to 18-20 feet, and they will also be addressing the issue of headlight glare for the neighbors. The Mayor declared the PUBLIC HEARING OPEN at 7:55 p.m. Stephen Hill, 46-965 Highland Palms Drive, stated he feels there is a deviation to a condition previously imposed on the property as it relates to planting along the adjoining property line. He also commented on the problem of headlight glare from the property, and asked that permits not be allowed until the condition is remedied. Father Burke stated the original condition called for oleanders to be planted. However, oleanders have become somewhat of a prohibitive plant material in this area because of being harmful to the Bighorn Sheep. They are addressing the issue of the trees, and considering ways to block the headlights. City Council Minutes 19 May 20, 2003 There being no further .requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:25 p.m. COuncil Member Henderson stated she understood the church's concern about the easement. She asked should the property be developed as Iow density residential, would making it an emergency- only access satisfy the Fire Department's regulations. Mr. Herman stated it depends on the number of units. He agreed with the City Attorney's suggestion for a license agreement. Council Member Henderson stated she would understand if the church was hesitant to accept that condition not knowing how the City might revisit the issue in the future. Mr. Herman noted the chUrch would have an opportunity to comment during a public hearing. He stated the intent is to allow other properties as well as the church to have the benefit of a full-turn movement at the traffic signal. Council Member Henderson stated she understood the gift of the --- property was done with the understanding that both properties would , have full access. She stated she doesn't have a problem with the project but would like to see that language satisfied. She noted the project will benefit the residents of the Highland Palms area. Council Member Osborne stated with the change in language regarding the license he thinks it is a great plan. Council Member Sniff stated he looks forward to the church being able to move forward with their project. Mayor Adolph stated he hopes the access issue has been resolved and that the neighbors' problems will be mitigated. Ms. Jenson suggested Condition No. 10 be modified to read, "The applicant shall grant a recorded license agreement for the adjoining parcel(s), ..... "and add, "The recorded license agreement may not be terminated without the consent of the City Council and the form of the recorded license agreement shall be subject to the approval, of the Public Works Director and the City Attorney." Mr. Jonasson suggested a condition be added allowing off-site drainage to be accommodated onsite. City Council Minutes 20 May 20, 2003 RESOLUTION NO. 2003-28 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-463 PREPARED FOR CONDITIONAL USE PERMIT 2002-073 AND SITE DEVELOPMENT PERMIT 2002-755 - SAINT FRANCIS OF ASSlSl CHURCH. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-28 as submitted. Motion carried unanimously. RESOLUTION NO. 2003-29 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2002-073 TO ALLOW THE EXPANSION OF CHURCH USES INCLUDING THE PARKING LOT, LANDSCAPING AND LIGHTING, RETENTION AREAS, AND AN ADDITIONAL ENTRY ON AN APPROXIMATELY 30-ACRE SITE (SAINT FRANCIS OF ASSlSI CHURCH). It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2003-29 as submitted. Motion carried unanimously. RESOLUTION NO. 2003-30 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2002-755 TO ALLOW THE EXPANSION OF THE PARKING LOT, LANDSCAPING AND LIGHTING, RETENTION AREAS, AND AN ADDITIONAL ENTRY ON AN APPROXIMATELY 30-ACRE SITE (SAINT FRANCIS OF ASSlSl CHURCH). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2003-30 as amended (modifying Condition No. 10 to read, "The applicant shall grant a recorded license agreement for the adjoining parcel(s), ..... "and add, "The recorded license agreement may not be terminated without the consent of the City Council and the form of the recorded license agreement shall be subject to the approval of the Public Works Director and the City Attorney."; and adding a condition allowing off-site drainage to be accommodated onsite.) Motion carried unanimously. City Council Minutes 21 May 20, 2003 4. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE ~ ~- FISCAL YEAR 2003/2004 THROUGH 2007/2008 CAPITAL L~ IMPROVEMENT PROGRAM. Public Works Director Jonasson presented the staff report. The Mayor declared the PUBLIC HEARING OPEN. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 2003-31 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2003/2004 THROUGH 2007~2008 CAPITAL IMPROVEMENT PLAN. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2003-31 as submitted. Motion carried unanimously. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY '--- 5. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND THE LA QUINTA REDEVELOPMENT AGENCY TO APPROVE AN AGREEMENT TO SELL REAL PROPERTY LOCATED AT 53-780 AVENIDA VALLEJO BY AND BETWEEN JAMES CHAPA AND ROSARIO MACKAY AND THE LA QUINTA REDEVELOPMENT AGENCY. Community Development Director Herman presented the staff report. In response to Council Member Osborne, Mr. Herman confirmed the house must be the primary residence for the participants for the 45- year period of the covenants. It is required until the property is sold or · with the concurrence of the Agency. The Mayor declared the PUBLIC HEARING OPEN. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION - It was moved by Council Members Sniff/Henderson approve the sale of 53-780 Avenida Vallejo to maintain an affordable housing unit in Project Area No. 1 for a purchase price of $130,000. Motion carried unanimously. MINUTE ORDER NO. 2003-48. STUDY SESSION - None City Council Minutes 22 May 20, 2003 DEPARTMENT REPORTS 8-A. RESPONSE TO CORRESPONDENCE FROM RICK DURHAM. Public Works Director Jonasson reported KSL has enhanced the landscaping consistent with the area, and the undergrounding of utilities was a condition of the tentative map and part of the Phase IV Subdivision Improvement Agreement. However, the bonding company that issued the bonds for those improvements has since been liquidated. In response to Council Member Henderson, Community Development Director Herman advised the matter before the Planning Commission last week dealt with the fence around the maintenance facility and is not related to this issue. Mr. Jonasson stated he was not aware of a condition specifically addressing fencing or landscaping along Ultimo. The City asked KSL to enhance the landscaping as a provision of the code related to maintenance of landscaping. City Manager Genovese stated the landscaping is very sparse but is relatively consistent with the south portion of that project. He stated Landmark Land Company may have been the original property owner but KSL is the current property owner. Mr. Herman stated the golf course was built before the City was incorporated, and that is when the fence and the oleanders were put in. Mayor Adolph pointed out that means KSL didn't have to do much, and that the City is limited on what it can enforce. City Attorney Jenson stated RJT Homes is balking at replacing the liquidated bonds for utility undergrounding because they believe the requirement should have been a part of Phase I. However, it is part of their Subdivision Improvement Agreement for Phase IV and this issue will be dealt with when they request acceptance of improvements of that phase. City Council Minutes 23 May 20, 2003 1. CITY MANAGER REPORT - TENTATIVE DATE FOR PRELIMINARY ~ BUDGET DISCUSSIONS. After a brief discussion, Council concurred to schedule a special meeting on June 13 at 9:30 a.m. for preliminary budget discussions. Council Member Henderson noted the Building & Safety Department Report shows a new business license being issued for a company called "Fruits" on a residential street in the Cove for the sale of cocktails. City Manager Genovese stated staff will report back to Council on the business license. Mayor Adolph asked the Public Works Director to check into a complaint by the Historical Society about a tree in the public right-of-way near the museum needing to be trimmed. In response to Council Member Henderson, Public Works Director Jonasson confirmed the property owners along Jefferson Street (north of Highway 111) have been. contacted and appraisals should be done soon. He understands a few of the residents are holding out but most are relieved to see this moving forward. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING AN ART PIECE HONORING POLICE AND FIRE PERSONNEL. Mayor Adolph suggested considering a memorial in .the Civic Center honoring police and fire personnel who have died in the line of duty. He noted it could be a separate memorial or part of the existing military memorial. Council Member Henderson suggested having the Cultural Arts Commission work on a separate art piece for that purpose. Council concurred. City Council Minutes 24 May 20, 2003 Council recessed to the Redevelopment Agency. Council reconvened. REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee - Council Member Sniff reported the Committee will be meeting on the 28th regarding dust control issues and be recommending more-restrictive ordinances for the cities to adopt. CVAG Executive Committee - Mayor Adolph stated the General Assembly meeting will be held June 30th, and anyone planning to attend should inform staff. C. V. Mosquito & Vector Control District - Council Member Perkins reported Indio has issued building permits for the District's auxiliary facility. C. V. Mountains Conservancy - Council Member Sniff stated there is an effort underway to acquire the area known as Joshua Hills. League of California Cities-Riverside Division - Council Member Henderson thanked the City Clerk for the great job done on the dinner event. She reported the dinner in Sacramento was well attended, and there were over 1,000 delegates the next day at the rally on the steps of the Capitol. Council Member Osborne stated he understands the State Controller's Office is committed to the VLF backfill. Council Member Henderson noted they can trigger the increase but that doesn't mean the cities will get it. Riverside County Transportation Commission - Council Member Henderson reported they are calling a special meeting to pass a resolution to take to Sacramento regarding the push for the 60/91/215 interchange. $35 million is needed by the end of the year to stay on line with the project, and RCTC is asking the cities to write letters of support to go after funding out of a $65 million transportation fund in Sacramento. Council recessed to the Financing Authority meeting. Council reconvened and recessed to Closed Session as delineated on Page 1. City Council'Minutes 25 May 20, 2003 The City Council reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California