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2003 10 07 CC Minutesr .... LA QUINTA CITY COUNCIL ' MINUTES ! OCTOBER 7, 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 1. ConferenCe with legal counsel pursuant to Government Code Section 54956.9(b) - one matter. (see City Attorney comment below) In reference to the closed session item, City Attorney Jenson advised she just received a copy of the complaint, and it is threatened action against the City, Risk Management Authority vs. City of Moreno Valley etal - Case No. INC038382. She ~'- stated the City has not been served formally but this does provide additional basis for the closed session hearing because it is a pending action under Government Code Section 54956.9(a). 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). Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT ~" - Seth Etinger, 78-720 Avenida La Fonda, suggested the golf project be identified as ~ SilverRock La Quinta Public Golf Ranch to better identify the City. City Council Minutes 2 October 7, 2003 Dave Stark, stated he was speaking on behalf of the Auto Center dealers, and asked that the specific plan be reopened in reference to signage. He would like to see the area look more professional, and noted the specific plan is not clear on the issue of banners. In response to Council Member Sniff, City Attorney Jenson advised consideration of an amendment to the specific plan can be requested by the applicant or by the Council. Mayor Adolph noted he voiced concern about the signage two weeks ago and requested staff' to bring it back for review and consideration. Mr. Stark stated they have two other issues: inadequate street parking because of employees' vehicles on the street; and auto-related businesses, such as Goodyear, being located within the Auto Center area, not across the highway in other centers. Council concurred to direct staff to place an item on the next agenda for consideration of bringing back the specific plan. Mark Weissman, spoke regarding Written Correspondence Ite. m No. 2, and requested the City' participation as a sponsor. Mayor Adolph advised the letter will be referred to staff. PRESENTATIONS Council Member Henderson presented a bronze plaque she accepted, on behalf of the City Council, at the Santa Rosa/San Jacinto Mountains National Monument Advisory Committee meeting last week. She requested it be installed at the Cove Oasis Trailhead. CONFIRMATION OF AGENDA City Manager Genovese requested the City Council recess to the Redevelopment Agency meeting at approximately 4:00 p.m. He also requested Business Item No. 4 be taken up after Public Hearing Item No. 1 as there may not be a need to consider that item if the public hearing item moves forward in the appropriate form. Mayor Adolph requested Consent Item No. 4 be pulled for separate discussion. City Council Minutes 3 October 7, 2003 ANNOUNCEMENTS - None WRITTEN CORRESPONDENCE 1. CORRESPONDENCE FROM RICHARD H. ROVSEK. Council concurred to send a letter to Mr. Rovsek to let him know the City is already looking at parking alternatives in the Village. 2. CORRESPONDENCE FROM THE PRESTIGE AT PGA WEST. Council concurred to direct staff to place this on the next agenda as a business item. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of September 16, 2003, as submitted. Motion carried i unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 7, 2003. 2. ADOPTION OF A RESOLUTION ACCEPTING A DONATION OF CATERING SERVICES FOR SENIOR CENTER SPECIAL EVENTS. (RESOLUTION NO. 2003-095) 3. APPROVAL OF FISCAL YEAR 2002~2003 CITY OF LA QUINTA DEVELOPMENT PROJECT FEE REPORT. 4. APPROVAL OF FISCAL YEAR 2002~2003 CITY OF LA QUINTA ART IN PUBLIC PLACES ANNUAL REPORT. (See separate action below on this item.) 5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY CLERK TO ATTEND THE CITY CLERKS NEW LAW AND ELECTION SEMINAR IN "-' MONTEREY, CALIFORNIA, DECEMBER 9-12, 2003. City Council Minutes 4 October 7, 2003 6. APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH DESERT SANDS UNITIFED SCHOOL DISTRICT REGARDING SCHOOL RESOURCE OFFICERS. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL MAP NO. 30850, OLD TOWN LA QUINTA, MARVIN INVESTMENTS, INC. (RESOLUTION NO. 2003-096) 8. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE AND AUTHORIZATION TO ADVERTISE FOR BID THE WASHINGTON STREET/MILES AVENUE PARKWAY SOIL STABLIZATION IMPROVEMENTS, PROJECT NO. 2002-09. 9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF FINAL PARCEL MAP NO. 31599 DULCE DEL MAR AND VIA CORDOVA IN LAKE LA QUINTA, MR. ANTHONY REED. (RESOLUTION NO. 2003-097) 10. APPROVAL OF A REQUEST FOR PROPOSALS TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE WASHINGTON STREET MEDIAN ISLAND AND MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2003-09. 11. ADOPTION OF A RESOLUTION SUPPORTING A STATEWIDE BALLOT INITIATIVE TO REQUIRE VOTER APPROVAL BEFORE STATE GOVERNMENT MAY TAKE LOCAL TAX FUNDS. (RESOLUTION NO. 2003-098) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 4 and with Item Nos. 2, 7, 9, and 11 being approved by RESOLUTION NOS. 2003-095 through 2003-098 respectively. MINUTE ORDER NO. 2003-90. Item No. 4: Mayor Adolph asked if Council had any comments on the letter from Mr. Kibbey of the BIA. Council Member Henderson stated she views the obelisk program as an all- encompassing piece of art, and has discussed this issue with Mr. Kibbey. Per those discussions, she had not planned to surface it as an art in public places project again but is not sure that it is not open for possible request. In the meantime, she doesn't have a problem with what has been done. City Council Minutes 5 October 7, 2003 r. .... Council Member Perkins stated he feels the City should continue the program i and finish the project. Mayor Adolph noted the annual report is related to what has already been done. Council Member Osborne stated he feels the City should continue with what it has already done. Council Member Sniff questioned the need to deal with an accomplished fact, and noted the Council can deal with the future when it gets to it. MOTION - It was moved by Council Members Henderson/Sniff to approve Fiscal Year 2002/2003 City of La Quinta Art in Public Places Annual Report prepared in accordance with Chapter 2.65 of the La Quinta Charter and Municipal Code. Motion carried unanimously. MINUTE ORDER NO. 2003-91. BUSINESS SESSION ~" 1 . CONSIDERATION OF APPROVAL OF A CONTRACT FOR ANIMAL SHELTER ~ SERVICES WITH THE COUNTY OF RIVERSIDE AND APPOINTMENT OF A COUNCIL MEMBER TO REPRESENT THE CITY ON THE ANIMAL CAMPUS COMMISSION. Building & Safety Director Hartung presented the staff report. Council Member Sniff suggested Council Member Perkins serve on the committee. Council Member Henderson agreed Council Member Perkins would be a good representative since he had some challenges with the Valleywide Animal Campus. Council Member Perkins stated he was opposed to the central location but otherwise supports the contract, and is willing to serve on the committee. Council Member Sniff suggested Council Member Osborne as the alternate. City Council Minutes 6 October 7, 2003 MOTION -It was moved by Council Member Sniff and seconded by Mayor Adolph to approve a contract with the County of Riverside for Animal Control Services and appoint Council Member Perkins to serve as the representative on the Animal Campus Commission and Council Member Osborne as alternate. Motion carried unanimously. MINUTE ORDER NO. 2003-92. 2. CONSIDERATION OF INVESTMENT ADVISORY BOARD 2003/2004 WORK PLAN Finance Director Falconer presented the staff report. Council Member Henderson asked about the Board's intent regarding "educational meetings with investment advisors on managing City funds." Mr. Falconer advised a majority of the Board feels some City funds should be managed by outside managers, and a split on that opinion resulted in the Board wanting to invite people in to present educational meetings on investing ideas this year. Depending on the outcome of those meetings, the Board may want to include a proposal for next year's investment policies to have outside managed funds. Currently, the City Treasurer invests the City's funds, and under "managed funds," certain parameters would be set and the funds placed with an outside manager to invest in accordance with guidelines established by the City. He confirmed the City has done this before, which resulted in the City becoming involved with litigation. Council Member Henderson asked if there is a standard in the industry when the City should go in that direction. Mr. Falconer stated it has been explained to him as a "case of more zeros." There are other levels of sophistication, which include risks and rewards. Currently, the City has a very simple "buy and hold" investment philosophy and doesn't invest in any derivatives. He confirmed the City's very conservative investment policy is a direct result of past experiences with outside management of funds. Council Member HenderSon stated she feels the Council should determine if they want the Board to spend time on this. Council Member Perkins asked if this is something the City needs, and Mr. Falconer replied, "he doesn't believe so." Mr. Perkins stated he is satisfied with the current process, and doesn't believe the City should "change for change sake." City Council Minutes 7 October 7, 2003 Council Member Osborne stated he would support finding out, from an educational standpoint, what staff can do to improve our investments and earn a higher rate. He feels this does not necessarily mean hiring an outside firm. In response to Council Member Sniff, Mr. Falconer stated the Board envisioned two or three firms giving Y2-hour to one hour educational presentations during regular Investment Advisory Board meetings. The only costs would be staff time and minutes preparation. Council Member Sniff stated he doesn't have a problem with it. Mayor Adolph stated he believes any type of education is beneficial. Council Member Henderson suggested changing "managing City funds" to something that would reflect Council Member Osborne's comments. Council Member Osborne suggested changing it to," Educational meetings with Investment Advisors on other areas of managing funds." Mayor Adolph stated he was somewhat surprised that the first bullet point wasn't "continue to provide investment safety" because he feels that is their prime function. He recommended adding it to the work plan. Mr. Falconer noted it is stated in the Investment Policy but can also be added in the work plan. MOTION - It was moved by Council Members Henderson/Sniff to approve the Investment Advisory Board 2003/2004 Work Plan as amended (adding "Continue to Provide Investment Safety" and revising the first item to read, "Educational Meetings with Investment Advisors on Other Areas of Managing Funds".) Motion carried unanimously. MINUTE ORDER NO. 2003-93. 3. CONSIDERATION OF A HOLIDAY PARADE. Mayor Adolph expressed appreciation for the wonderful music event Sunday evening. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz confirmed the Cultural Arts Commission proposes scheduling the parade for December 5th City Council Minutes 8 October 7, 2003 in the evening, and the event would require street closures and extra police personnel. The cost estimate for staff time is 92,000 and the cost estimate for additional police personnel is $1,500. Council Member Sniff noted past parades required lengthy efforts by a number of people. Council Member Henderson noted part-time staff was hired to help with the complexities of the 20th Anniversary events, which included a parade. She voiced concern about there being sufficient time to plan the parade, and suggested it might be better to place it on the work plan for next year. She questioned Eisenhower Drive being a good parade route because it is dark and very busy with traffic around 5:00 p.m. She stated she would prefer the Commission provide music on the Civic Center Campus on the night of the Christmas tree lighting ceremony. Council Member Perkins agreed it's too dark for a parade at 5:00 p.m. in December, and asked about the request to change the Christmas tree lighting ceremony. Ms. Horvitz stated the Commission has suggested the date for the ceremony be changed to a later date in December. The ceremony has historically been 'held on the first Friday in December. Council Member Perkins agreed Eisenhower Drive is too busy, and questioned the City having a proper route for a parade. He doesn't feel he can support having a parade at night nor support having one without a predetermined route. Council Member Osborne stated he likes the idea of a parade but is concerned there is not enough time to prepare for one this year. He is also concerned about the balance in the Commission's budget, and would prefer the funds be saved for other events such as a Spring concert. He suggested planning the parade for next year. Else Loudon, of the Cultural Arts Commission, stated she understands the Council's concern about the time but feels it could be done, and that the money problem would be worked out by charging an entry fee. She stated the Commission felt the parade would be a great family event, but agreed maybe it should be considered for next year. She indicated they may be able to provide entertainment through the schools for the tree lighting ceremony. She suggested the tree lighting ceremony be held later in December on another day besides Friday, and that the Christmas tree be moved to the amphitheater to accommodate a larger group of people. City Council Minutes 9 October 7, 2003 In response to Council Member Henderson, Ms. Horvitz stated the current tree location is approximately 50 yards from the middle of the amphitheater. Council Member Henderson asked why the Commission wants to move the tree, and noted if the tree stays in the current location, the amphitheater can be used for the musicians. Ms. Loudon stated the current tree location is not as open as the amphitheater. She also feels the amphitheater has more possibilities because it's closer to the Senior Center. Mayor Adolph stated he agrees the amphitheater is more open and would be a more ideal location unless it interferes with the entertainment. He noted the Commission has also discussed having a house lighting contest for the holidays, and asked if they plan to go ahead with that without the parade. Ms. Loudon stated she would bring it up at the next Cultural Arts Commission meeting but noted that it then has to come back to Council for approval before they can move forward with any plans. She asked the Council to try to understand the position of the Commissioners because they get excited about an event and make plans which get changed after it goes to Council. She stated she thought the Council Members were favorable to the holiday parade idea when she discussed it with them some time ago. She feels the house lighting contest will add to the holiday celebration, and asked if the tree lighting ceremony would still be held on the first Friday. Mayor Adolph noted the contest could be extended later into the month and the prizes would not have to be given out at the tree lighting ceremony. He also pointed out the contest will have to be made known to the residents pretty soon. Ms. Loudon asked if the Commission has the Council's support should they decide to do the contest. Mayor Adolph noted if the Council were to approve the holiday parade, it would be important for the Commission not to get in a bind at the last minute, and to have a way to gracefully cancel the event if necessary. As for the house lighting contest, he feels they have time to do it. Council Member Sniff stated he feels the holiday parade and house lighting contest should be done next year for a reasonable expectation of success. He suggested the Commission get involved with the tree lighting ceremony this year, along with some music for that event. He feels in order to have a City Council Minutes 10 October 7, 2003 successful event next year, the Commission needs to start working on it this year. Council Member Henderson stated there may be time to do the house lighting contest this year but asked if that is what the Commission wants to do with their events planning, which has basically been towards the arts and music. She suggested a holiday parade and house lighting contest might be a joint effort of the Cultural Arts Commission and Community Services Commission for next year. She would like to see the Cultural Arts Commission work on the tree lighting ceremony this year to have some musicians there. Mayor Adolph noted this is not a "spur of the moment" plan, and the Commission has put a lot of work into it. Ms. Loudon stated she thought the Council Members were favorable to the idea, and brought it back to the Commissioners. Ms. Horvitz explained the Commission, as a whole, did not discuss having a holiday parade until their September 11th meeting, and this is the first opportunity since then to bring it before the Council. Ms. Loudon agreed it might be better to work with the Community Services Commission, as suggested by Council Member Henderson, to plan both events for next year. MOTION - It was moved by Council Members Sniff/Henderson to authorize the Cultural Arts Commission to arrange and host entertainment for the annual Tree Lighting Ceremony with a predetermined budget from the Community Special Events Account. Motion carried unanimously. MINUTE ORDER NO. 2003-94. 4. CONSIDERATION OF A REQUEST TO RECONSIDER ENVIRONMENTAL ASSESSMENT 2003-478, SPECIFIC PLAN 2003-065, TENTATIVE TRACT MAP 31379, AND SITE DEVELOPMENT PERMIT 2003-778, CENTEX DESTINATION PROPERTIES. (This item was moved to follow Public Hearing Item No. 1 -- see Confirmation of Agenda.) City Council Minutes 11 October 7, 2003 ~ 5. CONSIDERATION OF A FUNDING REQUEST FROM THE LA QUINTA i HISTORICAL SOCIETY. Community Services Director Horvitz presented the staff report. Council Member Osborne asked what the student tours entail. Barbara Irwin, 55-087 Tanglewood, of La Quinta Historical Society, stated the cost is for the buses, lunches, and a speaker. She indicated the school district does not underwrite any portion of the cost. Council Member Sniff asked about their current financial status. Inge Vorderwinkler, 77,885 Avenida Montezuma, President of the La Quinta Historical Society, stated they have no fund raisers scheduled, and are looking for someone to run the museum On a part-time basis. They have some money but not much. Council Member Sniff stated he understood they were taking a hiatus for a year, and doesn't understand why they are now asking for funds. Ms. Irwin stated they decided if the museum was not .going to go forward, they would take a hiatus to regroup and determine what the future of the Historical Society would be in the City. She stated they need the City's participation if the Historical Society is going to continue. She added they also do not do fund raisers without a specific purpose. Council Member Sniff stated he is reluctant to go into the General Fund, and asked if there was any way they could tailor their request to be more in tune with the amount of money available in the budget. Ms. Irwin stated the listed expenses are actual costs. She added she doesn't know how the museum and the Historical'Society can serve the City without costing money. Council Member Henderson stated she doesn't have a problem with their funding request. She noted the City owns the building, and questioned why the City doesn't pay for the utilities, phone and insurance. Ms. Irwin noted the insurance cost includes D&O Insurance for the instructors and officers, which the City may not want to pay. ~,, City Council Minutes 12 October 7, 2003 Council Member Perkins stated he doesn't have a problem with the City paying the normal costs for City-owned facilities, and suggested the office expenses be included as City costs. Mayor Adolph stated he has participated in past fund raisers for the museum and believes in supporting entities within the City. He hopes the City will be able to move forward soon with the museum expansion, and stated he has a lot of things to donate to the museum. He asked about a reference in their letter regarding a meeting with the City. Ms. Vorderwinkler indicated their meeting with the City Manager and Council Member Henderson was prior to the budget hearings. Mayor Adolph stated he agrees with giving them financial support because he would not want to see the museum close. Ms. Horvitz noted if the Special Projects Contingency Account is depleted, there will be no funds available for the grant request considerations in February. She further noted the City's agreement with the Historical Society will need to come back for modification if the City is going to absorb the utility costs. Council Member Osborne stated he supports their efforts but also hates to deplete the Special Projects Contingency Fund. In response to Council Member Osborne, Ms. Horvitz stated $20,000 was allocated for the fund this year, and the current balance is 88,000. Mayor Adolph noted the Council knew when they allocated a minimal amount for this fund that they may have to add to it from the General Fund later on. MOTION - It was moved by Council Members Sniff/Henderson to authorize the expenditure of 85,000 from the Special Projects Contingency Account and 811,500 from the General Fund Reserves for operation of the La Quinta Museum by the La Quinta Historical Society, and to direct staff to look at methods for the City to pick up some of the costs in the future such as insurance, utilities, phone, and office expense. Motion carried unanimously. MINUTE ORDER NO. 2003-95. City' Council Minutes 13 October 7, 2003 . 6. CONSIDERATION OF A RESOLUTION OF THE CITY COUNCIL MAKING i CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION . 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS TO PURCHASE REAL PROPERTY LOCATED AT THE SOUTHEAST CORNER OF WESTWARD HO DRIVE AND DUNE PALMS ROAD AND MAKING WELL SITE IMPROVEMENTS RELATED TO COACHELLA VALLEY WATER DISTRICT WELL SITE REQUIREMENTS PERTAINING TO THE DEVELOPMENT OF SILVERROCK RANCH. Council Member Osborne abstained from participating on this item due to a potential conflict of interest and left the dais. Community Development Director Herman presented the staff report. RESOLUTION NO. 2003-99 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE LA QUINTA REDEVELOPMENT AGENCY'S PAYMENT FOR CERTAIN PUBLICLY-OWNED LAND. .It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2003-99 as submitted. Motion carried with Council Member Osborne ABSENT. Council recessed to the Redevelopment Agency meeting. Council reconvened and 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 La Quinta Boys & Girls Club whose artwork has been displayed at City Hall: '-' Karina Carmona Skyanna Bustos Cheyenne Figueroa Noemi Sandoval Patrick Carnahan Traci Flores Alma Arenas Siena Davis Brenda Garcia City Council Minutes 14 October 7, 2003 Sarah Gonzalez Krista Lascano Vanessa Palomares Paige Hoffman Karla Lopez Victoria Randall Elizabeth Hotz Alexis Lozano Danielle Tamez Stephanie Huff Valerie Mancilla Daisy Vasquez Michelle Jackson Jacki Munoz Karlee Wright Valerie Jimenez Hayley Nuno PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF AN ORDINANCE TO APPROVE DEVELOPMENT AGREEMENT 2003-007 FOR A 280-UNIT RESIDENTIAL RESORT UNDER SPECIFIC PLAN 2003-065, TENTATIVE TRACT MAP 31379, AND SITE DEVELOPMENT PERMIT 2003-778 FOR PROPERTY LOCATED NORTHWEST OF THE INTERSECTION OF COACHELLA DRIVE AND EISENHOWER DRIVE. APPLICANT: CENTEX DESTINATION PROPERTIES FOR LANDAQ, INC. Community Development Director Herman presented the staff report. In response to Council Member Henderson, City Attorney Jenson advised the deal on the 44.61-acre parcel will be concluded before Centex signs the agreement. In response to Council Member Perkins, Ms. Jenson stated Section 4.4 of the Development Agreement has alleviated KSL's concern about Condition No. 14. Steve Mudge,. of Centex Destination Properties, stated they are pleased to be working with the City, and are available to answer questions. The Mayor declared the PUBLIC HEARING OPEN at 7:1.3 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:13 p.m. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 389 by title and number only and waive further readings. Motion carried unanimously. City Council Minutes 15 October 7, 2003 ORDINANCE NO. 389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2003-007 BY AND BETWEEN THE CITY OF LA QUINTA AND CENTEX DESTINATION PROPERTIES. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 389 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None BUSINESS SESSION .......... continued 4. CONSIDERATION OF A REQUEST TO RECONSIDER ENVIRONMENTAL ASSESSMENT 2003-478, SPECIFIC PLAN 2003-065, TENTATIVE TRACT --- MAP 31379, AND SITE DEVELOPMENT PERMIT 2003-778, CENTEX DESTINATION PROPERTIES. City Attorney Jenson stated the applicant would like for this item to be continued until after the second reading of the ordinance. She recommended a continuance to October 21, 2003, and noted if the second reading is · approved, there will be no need for action on this item. MOTION - It was moved by Council Members Henderson/Sniff to continue consideration of a request to reconsider Environmental Assessment 2003- 478, Specific Plan 2003-065, Tentative Tract map 31379, and Site Development Permit 2003-778 to October 21, 2003. Motion carried unanimously. MINUTE ORDER NO. 2003-96. 2. PUBLIC HEARING TO ADOPT RESOLUTIONS TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-481; 2) GRANT APPROVAL OF DEVELOPMENT PRINCIPALS AND GUIDELINES FOR A 175,200 SQUARE FOOT COMMERCIAL COMPLEX ON 17.4 ACRES FOR SPECIFIC PLAN ,-- 2003-066; AND 3) APPROVE AN AMENDMENT TO SPECIFIC PLAN 98-033 ELIMINATING SEVEN GROSS ACRES AND ADDING THEM TO SPECIFIC PLAN 2003-066. APPLICANT: THOMAS ENTERPRISES. City Council Minutes 16 October 7, 2003 Community Development Director Herman presented the staff report, Planning Manager Orci reviewed the site plan. Council Member Perkins asked about the need for deceleration lanes at the openings to the project on Highway 111. Public Works Director Jonasson indicated the lane is wide enough for traffic to pass vehicles making a right turn without constructing turn lanes. Council Member Perkins also asked if staff has any concerns about the entrance on Adams Street. Mr. Orci indicated ingress/regress restrictions will be implemented if it becomes necessary. He added the project is conditioned to install a traffic signal at Adams Street and Corporate Center Drive. Council Member Osborne asked about the parking lot landscaping and tree sizes. He feels they need to be chosen to provide shade in a short amount of time. In response to Council Member Sniff, Mr. Orci stated the tree trunk size is measured at ground level. Regarding Corporate Center Drive, he stated the intent is for it to connect to Dune Palms Road when the property to the east is developed. In response to Council Member Osborne, Mr. Orci stated the Planning Commission discussed the need for additional improvements to the rear elevation to reduce the starkness of the wall. Mayor Adolph noted the project to the west does not have deceleration lanes and there's still room for vehicles to pass another vehicle turning right. He commented on the tree sizes, and stated he feels the issue of larger size trees should be addressed. Otherwise, he believes the project is great. In response to Council Member Henderson, Mr. Orci stated the specific plan indicates a caliper size of 1 Y2 inches and 3 inches for some of the trees but a unspecified size for other trees, and if Council wishes, the minimum standard' of 1 ~ inches can be required for the unspecified tree sizes. He added staff is looking into the issue of tree sizes, as directed by Council, and will be coming back with a proposed. Council Member Henderson suggested Condition No. 71 be modified to delete "uses with drive-thru lanes." She believes the City has set a high City Council Minutes 17 October 7, 2003 standard on Highway 111 and has done a good job with the existing drive- _ ? thru establishments. She noted the Planning Commission will have an opportunity to look carefully at the landscaping when they consider the site development permit. She suggested looking at 2-inch caliper for some of the tree sizes. Council Member Sniff stated a 1-inch caliper on a fast-growing tree is very different from a 1 ~ inch caliper on a slow-growing tree. He suggested staff consider the type of tree when looking at the issue of tree sizes. He agrees with deleting the language in Condition No. 71 regarding drive-thru establishments because he believes it's inconsistent. Mr. Herman noted the entire condition can be eliminated because the requirement for gas stations to have a conditional use permit is covered under the City Code. In response to Council Member Osborne, Mr. Orci stated the elevations show some shading along the south side of the large building. He added staff will look at the colonnade features when the site development permit is submitted. "- Council Member Osborne noted that area will have full sun all day, and it will i be important to have some type of shade there. Council Member Sniff concurred. In response to Council Member Sniff, Mr. Orci stated there will be no access break points between the north and south sides of the large building. There will be some employee parking along the north side of the building. Council Member Perkins stated he feels that just because deceleration/right- turn lanes were not required in other areas of the City, that doesn't make it right not to require it here. He would like to see the approaches to the two entrances on Highway 111 widened at least five feet for safer right turns. In response to Council Member Henderson, Mr..Jonasson stated he does not know what impact a requirement to widen the lane would have on the parking and circulation for the project. He stated widening the lane five feet will result in an approximately 19 foot wide lane. Council Member Henderson asked if the five feet would be taken out of the 50-foot setback area or the developer's project. 'Council Member Perkins suggested taking it out of the 50-foot setback. City Council Minutes 18 October 7, 2003 Council Member Henderson noted the City has not allowed other projects to reduce the 50-foot setback, and it may be a "slippery slope" the City doesn't want to go down. Mr. Jonasson noted any change to the existing curb will require an encroachment permit from CalTrans but they don't usually have a problem · with deceleration lanes. A brief discussion ensued regarding the existing width of the #3 lane, which was determined to be a minimum of 19 feet and sufficient for allowing safe right turns. Mike Peroni, 73-733 Fred Waring Drive Suite 100, Palm Desert, of Keith Companies, indicated the existing curb was approved under the prior specific plan, and any requirement to go back to CalTrans for modifications will delay the project up to nine months. Mel Kuhnel, 1935 TP Calle Barcelona, Carlsbad, representing Thomas Enterprises, stated the requirement for drive-thru establishments to have a conditional use permit and/or a requirement to go back to CalTrans for more approvals could delay the project, and result in losing the tenants they are currently negotiating with. He stated the project currently has a one-way traffic system for trucks, and they are trying to re-engineer it to provide two- way traffic. If it's the Council's desire, they will use larger trees in the landscaping. He stated they have committed to paying for the street light improvements, and are willing to install a movement-restriction barrier at the Adams Street access if needed in the future. Mayor Adolph asked about the depth of the breezeway on the south side of the building, and an unidentified speaker in the audience stated, "8 to 10 feet." Council Member Perkins asked the applicant to make sure the #3 lane fronting the project is 20 feet wide. Norman Barrett, 12220 El Camino Real, Suite 200, San Diego, of Smith Consulting Architects, stated they will be using porticos, arcades, trellis', and shade trees to address the issue of southern exposure and to provide a nice architectural articulation. They will also be providing potted plants and streetscape furniture. He referenced a mitigation measure on Page 45, and requested it be part of the architectural review package. He noted they have enhanced the architectural features of the building near Worlds Gym. There will also be landscaping against the truck dock screen wall and the parking. City Council Minutes 19 October 7, 2003 Mr. Herman confirmed staff will work with the developer to resolve the above-mentioned mitigation measure. Rob Parker, 74,020 Alessandro Drive, Suite E, Palm Desert, of RGA Landscape Architects, stated they plan to use Palo Verde and Mesquite trees to provide canopy shade in the parking area. He noted the City of Palm Desert provides developers with specific requirements for tree types to be used, and suggested staff work with the Architecture & Landscape Review Committee to develop similar standards. He stated the caliper is usually measured at 12 inches above ground level, 'depending on whether it is a single or multi-trunk tree. In response to Council Member Osborne, Mr. Parker stated in the type of trees they propose using, a 1 ~-inch caliper will be a 24-inch box tree, and a 2-inch caliper would be 36-inch box tree, which is twice the cost. Council Member Sniff noted the length of time the tree has been in the box is also a factor in its growth. Mayor Adolph pointed out the City has to rely on the developer to make sure the trees they get from the nursery are the proper size to accomplish what --- the City is trying to achieve. The Mayor declared the PUBLIC HEARING OPEN at 8:17 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:17 p.m. RESOLUTION NO. 2003-100 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-481 PREPARED FOR SPECIFIC PLAN 2003-066 (THOMAS ENTERPRISES). It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2003-100 as submitted. Motion carried unanimously. Council Member Osborne stated he is satisfied regarding the turn-lane issue if the //3 lane is 20 feet wide. He is also okay with a minimum tree size that will provide adequate shade within a reasonable period of time, and he supports eliminating the CUP requirement for drive-thru businesses, based on adequate landscaping and a three-foot high wall. City Council Minutes 20 October 7, 2003 Mr. Herman suggested the following modifications to the conditions of approval: Condition No. 46(A)(1)(a) - add "and bus shelter per Highway 111 design standards"; Condition No. 54 - add a tree caliper size as determined by the Council; Condition No. 56 - add "bus shelter per Highway 111 design standards"; and Condition No. 71 - delete. Council Member Henderson stated she doesn't have a problem staying with a tree caliper size of 1 ¥2 inches as long as she has some assurance the trees will be fast-growing. Mr. Herman stated staff can add some language requiring the use of fast- growing trees for the parking lot shading and let the landscape architect show that they are fast-growing trees. Council Member Henderson commented on the benefit of having the new tree size standards that staff is working on before Highway 111 is built out. Mr. Herman indicated staff will contact Palm Desert for a copy of their standards. RESOLUTION NO. 2003-101 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PRINCIPLES AND GUIDELINES FOR A 175,200 SQUARE FOOT SHOPPING CENTER LOCATED ON THE NORTHEAST CORNER OF HIGHWAY 111 AND ADAMS STREET (SPECIFIC PLAN 2003-066 - THOMAS ENTERPRISES). It was moved by Council Members Osborne/Sniff to adopt Resolution No. 2003-101 as amended (modifying Condition No. 46(A)(1)(a) to add "and bus shelter per Highway 111 design standards"; modifying Condition No. 54 to require a minimum tree caliper size of 1 ~ inches for fast-growing trees; modifying Condition No. 56 to add "bus shelter per Highway 111 design standards"; and deleting Condition No. 71). Motion carried unanimously. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS CVAG Executive Committee -- Mayor Adolph reported the home purchase issue has been continued to December. City Council Minutes 21 October 7, 2003 Council Member Perkins stated he hopes the Council will unanimously oppose this issue. CVAG Human & Community Resources Committee -- Council Member Osborne reported the TIP program is underway and the first class has graduated. All other reports were noted and filed. DEPARTMENT REPORTS - None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Sniff asked Council to be thinking about the possibility of closing City Hall the day after Christmas (December 26th) and the day after News Years Day (January 2nd) to allow City employees to have two four-day weekends. Council Member Osborne commented on the Desert Dolman art piece at Omri and -- Boni's restaurant, and stated he would hate to pay the contract as it is right now. The City Attorney announced the City Council has unanimously authorized the retention of a joint attorney regarding Closed Session Item No. I (Risk Management Authority vs. City of Moreno Valley etal - Case No. INC038382. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Perkins to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California