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2003 11 18 CC Minutes LA (~UINTA CITY COUNCIL MINUTES NOVEMBER 18,. 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, Sniff, Mayor AdolPh ABSENT: Council Member Perkins MOTION - It was moved by CounCil Members Sniff/Henderson to excuse Council Member Perkins. Motion carried unanimously. PUBLIC COMMENT - None CLOSED SESSION 1. Conference with legal counsel pursuant to Government Code Section 54945.9(a), Coachella Valley Water District v. City of La Ouinta, Riverside County Superior Case No. INC01082. 2. Conference with real property negotiator, Tim *Jonasson, pursuant to Government Code Section 54956.8 concerning potential 'terms and conditions of acquisition and/or disposition of real property located at: 46-055 Jefferson Street (APN: 649-071-009) Property Owner/NegOtiator: Ellis & Helen Wah; 46-145 Jefferson Street (APN: 649-071-012) Property Owner/Negotiator: Bill & Suzie Waggoner; 46-175 Jefferson Street (APN: 649-071-013) Eugene T. & Carol A. Feack; 46-235 Jefferson Street (APN: 649-07'1-015) Property OWner/Negotiator: Milan *& Mila Nikolich; 46-425 Jefferson Street (APN: 649-071-019) Property Owner/Negotiator Ronald Astorga; 46-170 Jefferson Street (APN: 649-090-001) Property · Owner/Negotiator: Harvey A. & Audrey R. Mills; 46-480 Jefferson Street (APN: 649-090-009) Property Owner/Negotiator: John D. & Jacy P. Alexander; and 80-020 Vista Grande (APN 649-141-001) Property Owner/Negotiator: Leonard C. & Margaret R. Henderson. 3. Conference with~ legal counsel pursuant to Government Code Section 54956.9(c) - initiation of litigation (one matter). Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. City Council Minutes 2 November 18, 2003' 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- None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented a proclamation to Mariah Momb expressing the City's appreciation for her efforts in purchasing bullet-proof vests for Police canines. WRITTEN CORRESPONDENCE 1. CORRESPONDENCE FROM WELLS MARVIN. Council Member Henderson suggested the matter be referred to staff for a report back to Council. Acting City Manager Weiss advised the request for extension of work hours has been denied and Mr. Marvin has been notified of the appeal process.. Mayor Adolph requested the report back to Council include clarification as to what is considered a government holiday..He also suggested looking at this issue as it relates to commercial construction. Council Member Sniff agreed with getting a report back from staff, wait and see if Mr. Marvin files an appeal, then deal with the issue at the next Council meeting if necessary. Council concurred. City Council Minutes 3 November 18, 2003 APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of October 30, 2003, as submitted. Motion carried unanimously with Council Member Perkins ABSENT. MOTION - It was moved' by Council Members Sniff/Henderson to approve the City Council Minutes of NOvember 4, 2003, as submitted. Motion carried with Mayor Adolph ABSTAINING and Council Member Perkins ABSENT. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER. DATED' NOVEMBER 18, 2003. 2. TRANSMITTAL OF TREASURER'S REPORT AS OF.SEPTEMBER 30, 2003 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED SEPTEMBER 30, 2003. 4. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A '-'- FINAL MAP AND SUBDIVISION .IMPROVEMENT .AGREEMENT FOR TRACT NO. 31349, MOUNTAIN VIEW COUNTRY CLUB - TOLL CA V, L.P. (RESOLUTION NO. 2003-105). 5. APPROVAL OF A MEMORANDUM- OF UNDERSTANDING M23-005, BETWEEN THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION AND THE CITY OF LA QUINTA FOR THE FUNDING AND JOINT DEVELOPMENT OF STATE HIGHWAY 111 IMPROVEMENTS WITHIN THE CITY OF LA QUINTA. 6. DENIAL OF CLAIM FOR DAMAGES FILED BY ROBERT RIOS - DATE OF LOSS: SEPTEMBER 13, 2003. 7. DENIAL OF CLAIM FOR DAMAGES FILED BY SUSAN KNIGHT - DATE OF LOSS: JUNE 27, 2003. 8. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM RUTAN AND TUCKER FOR THE EMPLOYEE RECOGNITION BANQUET. (RESOLUTION NO. 2003-106) City Council Minutes 4 November 18, 2003 9. ADOPTION OF A RESOLUTION APPROVING PROVISIONS PERTAINING TO THE FORMATION AND DUTIES OF THE COACHELLA VALLEY ANIMAL CAMPUS COMMISSION AND CONSENTING TO AMENDMENT OF THE RIVERSIDE COUNTY CODE TO INCLUDE SAID PROVISIONS. (RESOLUTION NO. 2003-107) 10. APPROVAL OF AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT'(PSA) WITH DAVID EVANS AND ASSOCIATES, INC. FOR DESIGN OF CITY HALL EXPANSION PROJECT 2002-01. 11. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM NICKERSON & ASSOCIATES FOR THE EMPLOYEE RECOGNITION BANQUET. (RESOLUTION NO, 2003-108) 12. APPROVAL OF RELOCATION PLAN FOR JEFFERSON STREET WIDENING PROJECT, PHASE II. 13. ADOPTION OF A RESOLUTION APPROVING A PROJECT APPLICATION FOR THE FISCAL YEAR 2004/2005 BICYCLE TRANSPORTATION ACCOUNT FUNDS FOR BICYCLE STRIPING SOUTHBOUND ON AVENIDA BERMUDAS FROM CALLE SINALOA TO CALLE TECATE, AND WESTBOUND ON CALLE TECATE FROM AVENIDA MADERO TO AVENIDA BERMUDAS. (RESOLUTION NO. 2003-109) 14. ADOPTION OF A RESOLUTION ACCEPTING A CASH DONATION FROM" ROSENOW SPEVACEK GROUP, INC. FOR THE EMPLOYEE RECOGNITION BANQUET. (RESOLUTION NO. 2003-110) 15. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR AN ASSISTANT ENGINEER II TO ATTEND IMPROVING PUBLIC WORKS CONSTRUCTION INSPECTION SKILLS SPONSORED BY THE UNIVERSITY OF WISCONSIN-MADISON COLLEGE OF ENGINEERING, DECEMBER 2-3, 2003. MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended and amended with Item Nos. 4, 8, 9, 11, 13, and 14 being approved by RESOLUTION NOS. 2003-105 through 2003-110 respectively. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-107. City Council Minutes 5 November 18, 2003 BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF THE COACHELLA VALLEy MODEL DUST CONTROL ORDINANCE, COACHELLA VALLEY DUST CONTROL. HANDBOOK, AND AUTHORIZATION FOR THE ACTING CITY MANAGER TO EXECUTE THE MEMORANDUM OF UNDERSTANDING WITH SOUTH COAST AIR QUALITY MANAGEMENT DISTRICT (SCAQMD). Council Member Sniff commented on. this being an "introduction" of an ordinance and not adoption. Public Works Director Jonasson presented the staff report. In response to Mayor Adolph, Mr. Jonasson advised SCAQMD Will not provide ,.financial assistance for the extra burden on the City's Code Enforcement Department, Mayor Adolph asked if staff has been totally versed as to what is conSidered PM l0 when Some parcels are a mix of natural and disturbed soil. He asked how it will be differentiated when dust is blowing, such as on the SilverRock Ranch project. Mr. Jonasson noted most developments have wind screening around the perimeter during construction, and so will SilverRock Ranch. In response to Council Member Henderson, Mr, Jonasson confirmed construction parking areas are required to be stabilized, including the driveway. Construction vehicles are not allowed to have track-out beyond 25 feet of the site and must provide a means to accomplish that. Council Member Henderson asked who is responsible for the mud build-up within that 25 feet. Senior Engineer Freeland stated the most stringent measures require it to be cleaned up within an hour of notification to the contractor. Once they put in the street, the mud becomes the City's problem, Which is why staff offers sUggestions and would close the ingress/egress, if necessary, t'o eliminate the problem. cOuncil Member Sniff noted the .EPA will take over if the cities are not successful in reaching attainment. He feels' this is a good faith effort to solve the problem and show the EPA a serious effort is being made. City Council Minutes 6 November 18, 2003 MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 391 by title and number only and waive further reading. Motion carried unanimously with Council Member Perkins ABSENT. ORDINANCE NO. 391 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING AND REPLACING CHAPTER 6.16 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO FUGITIVE DUST CONTROL. It was moved by Council Members Sniff/Henderson to introduce OrdinanCe No. 391 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: Council Member Perkins MOTION - It was moved by Council Members Sniff/Osborne to approve and adopt the Coachella Valley DUst Control Handbook. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-108. MOTION - It was moved by Council Members Sniff/Osborne to approve the Memorandum of Understanding (MOU) between the City of La Quinta and South Coast Air Quality Management District (SCAQMD) and authorize the Acting City Manager to execute the MOU. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-109. 2. CONSIDERATION OF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT FOR THE YEAR ENDED JUNE 30, 2003. Finance Director Falconer presented the Staff report, and Mike Harrison, of Conrad & Associates, gave a brief overview of the Comprehensive Annual Financial Report. In response to COuncil Member Henderson, Mr. Harrison confirmed the Management Discussion and Analysis (MDA) is a requirement of GASB 34. He went on to note the 2002 annual report received two awards for excellence in financial reporting and the 2003 report is expected to meet the same high standards. He advised no reportable conditions or material weaknesses were found. City Council Minutes 7 November 18, 2003 In response to Council Member Sniff, Mr. Harrison stated .cities have different ways of budgeting with and without the VLF funds~ and the Finance Director will be the best person to provide recommendations on how to apProach any needed budget modifications. He stated a majority of the net assets are capital assets, which includes infrastructure such as streets and the .land under that infrastructure. In response to Council Member Henderson, Mr. Falconer noted a city can have a lot of cash but can also have very bad roads that have to be depreciated. The major factor in GASB 34 is reporting the condition of the roads that the City maintains. He advised depreciation is assigned to each road according to type of street and when compared with the cost of .construction, the net difference is the condition of the road. ' He confirmed "life years" are assigned to each asset class. COuncil Member Osborne asked if a 20% variance is common between budgeted and actual revenues. Mr. Harrison indicated City staff was conservative in budgeting revenues for 2002/2003. Mr. Falconer noted staff was less conservative in estimating sales tax and transient occupancy tax in the 2003/2004 budget. Staff budgeted based on receiving the entire Vehicle License Fees (VLF) amount and if it's cut, the City will lose $1 million, which will result in having to come back during mid-year review for a solution. In response to Council Member Osborne, Mr. Falconer advised the majority .of an almost $12 million increase in Planning & Development costs is due to the City's debt service payments. He also confirmed the City is currently at the General Reserves level, requested by Council. In response to Council Member Osborne, Mr. Harrison confirmed a letter will be on file regarding no reportable conditions nor material weaknesses being found. In response to Council Member Henderson, Mr. Falconer confirmed permit fees are. considered one-time fees because they are development related. They should not be counted on for future expenses, such as police and fire services, because the City. is running out of developable land. Mayor Adolph noted the City will have to take a "wait-and-see" attitude as it relates to the Governor's promise that rescinding the VLF will not hurt'the 'cities. He complimented staff on the report and stated he appreciates the __ conservative approach. · City Council Minutes 8 November 18, 2003 MOTION - It was moved by Council Members Osborne/Sniff to approve, receive, and file the Comprehensive Annual Financial Report for the year ended June 30, 2003. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-110. 3. CONSIDERATION OF A DONATION TO A CHARITABLE ORGANIZATION' PROVIDING ASSISTANCE TO CALIFORNIA FIRE VICTIMS. Building & Safety Director presented the staff report. Council Member Osborne stated he brought this issue up out of concern for fire victims of the recent fires but understands the need has been handled. Council Member .Sniff stated he is reluctant to use General Fund Reserves and cannot support a contribution. He does not believe it's the City's responsibility to use local funds for such matters. Council Member Henderson stated she feels the City should support organizations or disasters in the City but does not believe taxpayer funds are discretionary funds. She indicated she would not support a contribution at this time. Mayor Adolph noted the American Red Cross has voiced a financial need for their office facilities but this request is for fire victims. He noted the City has a grant program the Red Cross can apply for other requests. He agreed with making no contribution at this time. No action was taken. 4. CONSIDERATION OF THE PLANNING COMMISSION ACTION REGARDING THE VILLAGE SEMI-PERMANENT DOWNTOWN DIRECTIONAL SIGN PROGRAM. Community Development Director Herman presented the staff report. Council Member Henderson noted the changes requested by the Chamber of Commerce would require bringing their contract back for .modification. Mr. Herman stated the current 11-month restriction allows all businesses in the Village to have an opPortunity to-have a panel on one of the four signs. He indicated this is to prevent one tenant from monopolizing the signs. City Council Minutes 9 November 18, 2003 Council Member Henderson stated she dOesn't have a problem allowing a different letter style as long as it's legible. She noted the Village is changing and it may be time to reconsider some of the things going on there, therefore, she doesn't have a problem bringing' the Chamber contract back for possible modification. In response to Mayor Adolph, Mr. Herman stated the Chamber has approVal for five signs but' only fOur exist at this time, and Mr. Marvin would be able to use one panel on each sign. Mayor Adolph stated he doesn't have a problem with the lettering style requested by Mr; Marvin because it goes with the Old Town design. Council Member Sniff noted Mr. Marvin has made a large investment and is not likely to request illegible signage. He supports the request by Mr. Marvin and with bringing the Chamber contract back at the appropriate time to deal with their requests. Council Member Osborne stated he feels the lettering request is reasonable and supports creating some flexibility in the event another lettering style is requested. Mr. Herman noted staff can add language to the Zoning Code that defines what is "appropriate" or the requests can be dealt with on a case-by-case .basis. Mayor Adolph suggested.the Planning Commission be given some direction for flexibility and allow them to make the determination. Council Member Henderson noted it was the Planning Commission that denied the request and decided on all block letters. Mr. Herman confirmed the ordinance allows the Planning Commission to approve the lettering Style and the Planning Commission wants block lettering. CoUncil Member Henderson suggeSted approving any style that is legible. Mayor Adolph stated the Planning Commission may be more flexible in their approval if they know the Council is more flexible. ~-- Council Member Osborne noted 'Mr. Marvin is also requesting a different color for the lettering. City Council Minutes 10 November 18, 2003 · Council Member Henderson suggested the Chamber's requests be dealt with by sometime in January. Mr. Herman stated staff can begin a zoning text amendment to deal with the Downtown Sign Program and bring it back with the Chamber contract for consideration. CoUncil concurred and agreed with staying with black lettering. MOTION - It was moved by Council Members Sniff/Osborne to approve the lettering style (in black letters) requested by Mr. Wells Marvin for the Village Semi-Permanent Downtown Directional Sign Program. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-111. 5. CONSIDERATION OF REQUESTS REGARDING ANNEXATION OF THE AREA EAST OF MONROE STREET, .AVENUE 52, AND AVENUE 62. Community Development Director Herman presented the staff report. Council Member Sniff stated he feels the City should respond to the requests but since a majority of the properties are in Coachella's sphere of influence, he supports an initial effort to discuss the issue with the City of Coachella. Raymond Brown, 1400 Calle De Maria, Palm Springs, stated he owns property at Avenue 55 and Jackson Street and supports being in La Quinta's sphere of influence. Dori Cree, 83-465 Choate Court, Vista Santa Rosa, stated she owns two 20- acre parcels .in that area, and that most of the property owners 'attending the last Vista Santa Rosa town hall meeting indicated they prefer being in La Quinta's sphere of influence over Indio or Coachella. She asked what she can do to help make this happen. Mayor Adolph asked staff if there has been any initial contact with Coachella on this issue~ to which Mr. Herman replied not since the General Plan update in 2000. Council Member Sniff noted MS. Cree's appearance at this meeting tOday is a forward step. He feels a legal analysis is needed before meeting with Coachella as to what the potential steps are in dealing with property that is in another city's sphere of influence. City Council Minutes 11 November 18, 2003 Council Member Henderson noted La QUinta's sphere of influence is small. Increasing the City's sphere of influence or annexing property would require doing a municipal service review. .-The City .of Coachella, however, can petition to annex the properties within their sPhere of influence without doing a municipal service review. She noted if Coachella applies' for annexation and' LA'FCO approves it, the property owners still have a significant voice in' the outcome. She noted Coachella is being accused of doing a land grab but is only responding to inquiries from property owners, just like La .Quinta did a few years ago when it was accused of the same thing. She feels the first step should be to meet with Coachella and see if their future includeS all of their sphere of influence. The indication she has received from individual members is that it does not.. She suggested developing a' form letter to send in response to the inquiries ~that explains what La Quinta is doing and the annexation process, including the protest hearing procedure and the property owner's role in the process. In response to Mayor Adolph, City Attorney Jenson stated she does not see anything improper in sending out a letter as long as the information is correct. Council Member Sniff stated he supports appointing two Council Members and appropriate staff, as' appointed by the Acting City Manager, to meet. with the City of Coachella at an early date. He volunteered to serve on the committee and stated he supports sending out the letter as suggested by Council Member Henderson. CounCil concurred. ~ MOTION - It was moved by Council Member Osborne and MayOr Adolph to appoint a committee consisting of Council Members Henderson and Sniff and appropriate staff appointed by the Acting CitY Manager to meet with the City of Coachella (regarding the potential annexation area), and to direct staff to send a letter in response to the inquiries informing property owners what La Quinta is doing as well as an explanation of the annexation process. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-112. 6. CONSIDERATION OF THE' PLANNING COMMISSION ACTION REGARDING A .USE INTERPRETATION FOR CARWASHES IN THE VILLAGE ZONING DISTRICT. Community Development Director Herman presented the staff report and displayed a map of the Village Zoning District. City Council Minutes 12 November 18, 2003 In'response Council Member Henderson, Mr. Herman read Section 9.65.020(B)(5) (Village Commercial District) of the Zoning Code as it relates to drive-through establishments. He confirmed it becomes arbitrary as to whether or nOt carwashes are allowed. Mayor Adolph noted the permitted uses all seemed to be food-related. In response to Council Member Henderson, Mr. Herman read Section 9.65.020(A) and (C) regarding permitted uses "combining essential day-to-. day neighborhood goods and services, tourism and visitor-based retail and entertainment opportunitieS and facilities necessarY fOr operation" and permitted uses "not precluding other similar uses which are compatible with the specifically identified uses and otherwise meet the criteria for Village use permits." Council Member Henderson stated her intent in bringing this back was not to put a carwash' in the middle of the Village. She wants to look at the overall philosophy of the Village as more'than a tourist destination and being a place for residents of the Cove to access certain services without having to go to · Highway 1 1 1. She noted discussions about increased traffic always include concern about services being provided closer to where people live. In response to Council Member Henderson, Mr. Herman confirmed the previous specific plan for the Village, which is no longer valid, identified the area north of Calle Tampico for auto-related uses. Council Member Henderson stated she was not prepared to say there is no place in the Village for a carwash, and noted ~the Planning Commission gave no assurance that a drive-through restaurant application would be received with any greater positive response. She noted the Zoning Code may need to be more specific about what types of "drive-through" would be allowed or maybe delete it altogether. She asked about gas stations being drive- through establishments, and stated, a large number of people have indicated to her they would not object to having a carwash in the Village. She suggested discussing' what type of carwash .might be allowed. · Mayor Adolph stated he feels it would be a mistake to allow a carwash in the Village because of street erosion and noise of the blowers. He agrees there is a need but not in the Village. Council Member Osborne questioned where a carwash could be located in the Village, and noted special zoning would have to be created, which Would create its own challenge. City Council Minutes 13 November 18, 2003 Mayor Adolph agreed it would be difficult to find an appropriate location in the Village. . Council Member Sniff questioned a carwash being compatible with the image the Council would like to see in the Village and what is currently being' constructed there. He agrees erosion of the asphalt would be a problem. Council Member Henderson referenced a large parcel near the park that she feels could accommodate 'a carwash. She believes it may be helpful to look at a larger map with more detail to determine if a potential location exists. She noted Ralph's Market has been successful and a lot of people questioned them locating in the Village. The consensus of the Council was not to pursue this matter any further and to take no. action. 7. CONSIDERATION OF A WALL HEIGHT FOR THE AREA BETWEEN THE SOUTHERN CALIFORNIA PRESBYTERIAN HOMES SENIOR PROJECT, HADLEY VILLAS, AND THE LAKE LA QUINTA' RESIDENTIAL DEVELOPMENT. .COmmunity Development Director Herman presented the staff report. In response to Council Member Sniff, Mr. Herman stated the senior apartment pad elevations were elevated for drainage purposes. · Council Member Henderson asked if the 'Lake La Quinta Homeowners Association requested the wall to be built and the oleanders removed, to which Mr. Herman responded, "Yes." · In response to Council Member Sniff,. Mr. Herman stated the appliCant has indicated it will cost approximately $45,000 to redesign the wall from six to eight feet high because of the footings and possible storm drainage modifications. The Building & Safety Department has indicated an eight-inch · block can probably be placed on top of the six-foot-high wall without affecting the fOoting and engineering but it will not achieve the two feet the homeowners are requesting. 'In response to Mayor Adolph, Mr. Herman stated, the developer will replace the irrigation and grass in the landscaped parkway between the curb and wall.- He stated canopy trees (Acacia, Palo Verde, and Mesquite) will be planted between the wall ·and carports but he's not sure What will be planted immediately on the other side of the wall. City Council Minutes 14 November 18, 2003 In response to Council Member Osborne, Mr. Herman confirmed only five feet of wall will be visible on the inside of the project because of elevation increases. In response to Council Member Sniff, City Attorney Jenson stated the conditions of approval for the Southern Presbyterian Homes project have been approved and can be modified only if the developer agrees. In response to Mayor Adolph, Mr. Herman stated the building permit for the wall had not been issued as of last week. Ben Beckler, 516 Burchett Street, Glendale, of Southern Presbyterian Homes, stated every dollar of the federally-funded project has been spent. They .would also have to get approval from 'HUD to make any changeS, and HUD would probably have a problem adding a berm because it would move the wall further into the project. If additional engineering for the retention basin and other improvements is needed, it could result in a shut-down of the project. The wall permit has been approved but they have delayed pulling it Until after this meeting. He stated the footing has been excavated and would require re-compacting if the wall is 'relocated. They are also conditioned to complete the wall prior to building construction and they are almost at that point. He stated they attended the public meeting held by the City with the homeowners association and discussed various solutions for the wall, including leaving the oleanders in place, which the homeowners opposed. He recalls the discussion being for a six-foot-high wall and that a berm was not mentioned. He noted the project was not conditioned to replant the oleanders. He feels the landscape plans show the project is sensitive to the sight lines in order to buffer, as much as possible, any negatives perceived by the community. Council Member Henderson noted everyone is moving away from oleander use because of water usage. In response to Council Member Sniff, Mr. Beckler stated he doesn't have any solutions that will not have a financial impact on the project but they are willing to increase the height of the wall if the funding is provided. He feels the first option, as it relates to cost, would be to increase the planting, second to increase the height of the wall, and third to relocate the wall. He stated they will increase the wall height if the homeowners are willing to pay the additional cost. Dutch Dilsaver, 78-835 Dulce Del Mar, stated he understood the Planning Commission requested the wall match the existing wall with a three-foot berm. He indicated he talked to staff and the project superintendent several City Council Minutes 15 November 18, 2003 times in an attempt to resolve this matter before grading began. He doesn't think it would take much to add dirt and compact it for a berm. He also referenced a' fax he sent to Council regarding several of the issues, involved. Mr. Herman read the condition of approval regarding the'wall and noted it does not call for a .berm. Mr. Dilsaver stated the homeowners agreed to have the oleanders removed sO the wall could be on the property line. Mayor Adolph asked about the location of the property line and questioned how the City 'can allow a wall to be built without knowing where the property line is. Mr. Herman ..stated the location for the wall is probably on SOuthern Presbyterian Homes' property and will not be built on Lake La Quinta's property. Council Member Sniff noted the condition is for a six-foot-high wall "matching" the existing wall, which should include a berm to conform to the height of the existing wall. Mr. Dilsaver commented on the difference of opinions of staff and the Project superintendent as to the location of the property line. He feels the simple solution would be to build a six-foot-high wall on a two-foot-high berm. Mr. Herman stated the intent was to match the color and texture ~of the existing wall but not to elevate the new wall to the height of the existing wall. CounCil Member Sniff stated that may have been the intent but it's not what the condition states, and he feels "matching is matching." In response to CounCil Member Osborne, Ms. Jenson stated the condition of approval calls for the block wall to match the existing block wall and the question is whether or .not the berm is part of the wall. She stated it may be oPen to interpretation but she assumed it meant the material of the block wall as oppoSed to the ground under the wall. · Council Member Sniff stated he views the footing as part of the wall. City Council Minutes 16 November 18, 2003 In response to Mayor Adolph Mr. Herman explained the transition between the two walls will be with an eight-foot wrought-iron gate over the stormwater drainage area, which will tie the two walls together. Council Member Sniff stated it doesn't make sense to have an eight-foot- high gate next to a six-foot-high wall. Mr. Herman stated the eight feet may reference the width and not .height. Council Member Osborne noted if "matching" includes the height, then the berm would have to be three feet, not two feet. He asked if that could be a legal issue, and Ms. Jenson responded it could .be. In response to Mayor Adolph, Mr. Herman stated the City is no longer involved with the property because it was purchased by the developer. Council Member Sniff suggested the City assume the estimated cost of $10,000 to construct the wall on a berm. Mr. Beckler noted putting the wall on a berm would move the wall further north and impact the engineering for the site. He feels it would be more cost efficient to re-compact the footing and build a higher wall. He stated it will cost approximately $45,000 to extend the wall to eight feet, including larger footings and block. , Mayor Adolph questioned the engineering cost since it will not be a retaining wall. In response to Mayor Adolph, Mr. Beckler confirmed the property has been surveyed and they are confident the wall will be within their property. ' Council Member Sniff suggested this item be continued for two weeks to allow staff and the developer time to come up with some solid figures. Mr. Beckler stated they don't have a problem delaying construction of the wall as long .as the City frees them from the condition of approval requiring construction of the wall before other portions of their construction begins. He stated they are ready to construct forms for the building foundations. Council Member Sniff suggested the developer be allOwed to proceed with the building construction and staff directed to work with the developer to work out the situation with either a berm or an eight-foot-high wall. Mr. Beckler. stated they would look to do whatever is least cOstly. City Council Minutes 17 November 18, 2003 MOTION - It was' moved by Council Members Sniff/Henderson to authorize the Southern Presbyterian Homes to proceed with the building construction and direct staff to work with the developer on the situation of the wall with either a berm or an eight-foot-high wall. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-113. Council reCessed to and until 7:00 P.M. '7:00 P.M. PUBLIC COMMENT Ramon Fernandez, 83-360...Rosa Avenue, Thermal, spoke in reference to Business Item No. 5 and stated he is in favor of being annexed into La Ouinta Emma .Fernandez, 83-280 Rosa Avenue, Thermal, stated she also supports annexation to La Ouinta. COuncil informed them of the actions taken during consideration of tliat matter. PRESENTATIONS The Mayor and Council Members presented art awards to the following students of La Quinta Middle School whose artwork has been displayed at City Hall' Omar Aguilera Lidia Luna Janette Rodriguez · Gabriella Barajas Anthony Mascorro Jared Rogers Luis Becerra Og Mojica Yvonne Rosas Michael Flaherty Amanda Mowery Zasha Rubal Colton Freeland Ruben Argenis Mujica Leighann Stone Octavio Guzman Philip Pleming. Jonathan Wolkowicz Steven Hayden Louie Rangel Chris Legg Adrian Reyes PUBLIC HEARINGS 1. PUBLIC HEARING" TO ADOPT AN ORDINANCE FOR 'ZONING'CODE ~...~. .AMENDMENT 2003-077, AN AMENDMENT TO CHAPTER 8.13 OF THE ~ LA QUINTA MUNICIPAL CODE PERTAINING. TO THE WATER EFFICIENT ~ LANDSCAPE ORDINANCE. City Council Minutes 18 November 18, 2003 Planning Manager Orci presented the staff report. In response to Council Member Osborne, Mr. Orci advised CVWD will cOnduct the usage audit. He also-confirmed the provisions of the ordinance will apply to projects of one or more acres. In response to CoUncil Member Sniff, Mr. Orci stated a soil analysis, including the infiltration rate, will be required. The Mayor declared the PUBLIC HEARING OPEN at 7:23 p.m. Steve Robbins, P; O. Box 1058, Coachella, of CVWD, urged aPproval of'the ordinance, and stated this is one of the first steps toward conservation. In response to Council Member Henderson, Mr. Robbins stated the County took part in developing the ordinance, and they will comply in the areas served by CVWD, including Bermuda Dunes. He stated CVWD is working with other water agencies to adopt the ordinance so it will be consistent throughout the Valley. Mr. Robbins in response to Council Member Osborne stated most of the local landscape architects were involved in developing the package. He is not aware of anyone having a problem understanding the prOcess since the ordinance became effective in June. Mr. Robbins responded to Council Member Sniff the ordinance is built on projected averages. He noted the Valley is fortunate to have a large ground water basin to store water when it becomes available. He confirmed the underground water is recharged every time water is available. They hope to have a full-service recharge facility south of Lake CahUilla operational in one year. In response to Mayor Adolph, Mr. Robbins stated their long-term plan is to use other water sources before using ground water, such as the SilverRock Ranch project using canal water as long as it's available. He stated it's difficult to get residents to be conserVative with water usage because water is so inexpensive in the Valley, Council Member Henderson asked Mr. Robbins to explain whY the City is not in a position to use recycled water, and why it's not appropriate for the City to assist CVWD in the plant system for recycled water. City Council Minutes 19 November 18, 2003 Mr. Robbins explained treatment plants are designed to be regional and serve ? -' the needs of the Valley. The recycled water frOm the treatment plant in Palm Desert is used up in a small radius around the plant, therefore, it doesn't make sense to extend the pipeline three or four miles when the water can be used within a half mile of the plant. The amount of water available for recycling is a small part of the overall demand. He 'noted 70-80% of residential water use is outside .of the. home, which is why CVWD focuses on conservation. Additionally, when the demand fOr recycled water increases in the summer, the suPplY at the treatment plant decreases ~ due to the number of people who leave during the summer. Developing a treatment plant solely for the purpose of having recycled water does' not make sense because it's more cost-effective to do it through, a regional facility. There being no other requests to speak', the Mayor declared the PUBLIC HEARING CLOSED at 7:38 p.m. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 392 by title and number only and waive further reading. Motion carried unanimously with Council Member Perkins ABSENT. ,--- ORDINANCE NO. 392 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,. CALIFORNIA, APPROVING~AN AMENDMENT TO CHAPTER 8.13 OF THE MUNICIPAL CODE (ZONING ORDINANCE AMENDMENT 2003-077). It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 392 on first reading. Motion carried by the following vote: AYES' Council Members HenderSOn, Osborne, sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: Council Member Perkins 2. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING coMMISSION'S DECISION OF OCTOBER 24, 2003, APPROVING THREE BUILDING-MOUNTED BUSINESS IDENTIFICATION SIGNS UNDER SIGN APPLICATION 2003-725. APPELLANT: MCDONALD'S RESTAURANTS. Community Development Director Herman presented the staff report. City Council Minutes 20 November 18, 2003 In response to Council Member Sniff, Mr. Herman confirmed an alternative sign proposal has been submitted by the applicant since the Planning Commission hearing. The Mayor declared the PUBLIC HEARING OPEN at 7:43 p.m. Roy Ramirez, 1700 W. Anaheim Street, Long Beach, of Superior Electrical Advertising and representing .the applicant, requested Council approve the alternate proposal. In response to Council Member Henderson, Mr. Ramirez confirmed the purpose in modifying the signs is to change from script to block lettering. Michael Shovlin, owner of One Eleven La Quinta Shopping Center, spoke in support .of the revised lettering. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:45 p.m. Council Member Sniff stated he supports the alternate proposal. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to approve the alternate sign proposal submitted by McDonalds. Motion carried unanimously with Council Member perkins ABSENT. MINUTE ORDER NO. 2003-114. 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS: 1) SPECIFIC PLAN' 2003-063, DEVELOPMENT STANDARDS AND DESIGN GUIDELINES FOR TWO RESIDENTIAL DEVELOPMENTS; 2) TENTATIVE TRACT MAP 31310, SUBDIVISION OF 12 ACRES TO CONSTRUCT 36 DETACHED MARKET-RATE SINGLE FAMILY HOMES AND TENTATIVE TRACT MAP 31311, SUBDIVISION OF 19 ACRES TO CONSTRUCT 149 DETACHED AFFORDABLE .SENIOR HOMES; AND 3) SITE DEVELOPMENT PERMITS 2003-766 AND 2003-767 FOR DEVELOPMENT PLANS ON APPROXIMATELY 31.51 ACRES LOCATED AT THE· NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET. APPLICANT: SANTA ROSA DEVELOPMENT. Community Development Director Herman presented the staff report and Planning Manager Orci revieWed the site plan. City Council Minutes 21 November 18, 2003 In response to Council' Member Sniff, Mr. Orci confirmed the units will share a driveway bUt have separate garages. In response to Council Member Osborne, Mr. 'Orci stated the senior housing units will be age-restricted, and under the affordable housing agreement, each unit Will be a minimum of 1,200 sq. ft. He confirmed the applicant proposes, reduced setbacks for the market-rate units in the cluster-like design. Council Member Osborne voiced concern about the reduced setbacks. In response to Council Member Henderson, Mr. Orci confirmed the project is in the Fringed-Toed Lizard Habitat Plan Fee area, costing $600 per acre. As 'for the location of the pool, Mr. Herman stated it provides for more green · space buffer adjacent to Rancho La Quinta. CoUncil Member Henderson asked about parking for the pool area and if the street configuration would accommodate golf carts. Mr. Herman stated golf carts will be allowed because it's a gated community. Mr. Orci advised the pool will be acceSsible by sidewalks. In response to Mayor Adolph, Mr. Orci advised the area east of the pool and driveway is a grassed open space area. He referenced other open space recreational areas in the development, and noted each unit will have a small patio yard. Council. Member Sniff asked about an occupancy limit established in the. affordable housing agreement for the senior units. Mr. Orci stated he was not aware of any. In response to Council Member Osborne', Mr. Orci confirmed the entry on Avenue 48 for the market-rate units is right-in, right-out, and left-in because there's insufficient distance from the intersection to allow a full-turn movement. The Mayor declared the PUBLIC HEARING OPEN at 8:02 p.m. Hal Lynch, 101 Shipyard Way, Newport Beach, representing Santa Rosa. Cove Development, stated he was available to answer questions. In response to Council Member Osborne's concerns about, the setbacks, he stated the Setback to the side of the single-car garage is 15 feet and the ,--- setback to the two-car garage is. more than 27 feet. They have also provided the option for a casita, which may need to be closer to the adjacent wall. He noted in most cases the backyards abut each other, providing large City Council Minutes 22 November 18, 2003 open spaces between the homes. He stated they build courtyard-type homes and all of the setbacks are a minimum of 10 feet. In response to Council Member Osborne, Mr. Orci stated the project is conditioned to comply with image corridor height limits. Regarding Council Member Sniff's question about occupancy limits, Mr. Lynch stated he's not aware of any and foresees the possibility of senior-age children living with their senior parents. Any restrictions on the units are based on income and age requirements. He confirmed non-senior family members are restricted from living in the units. In reference to Council Member Henderson's concerns, Mr. Lynch stated in addition to meeting standard parking requirements for each unit, the project will have additional onsite parking and the grassed open space areas will be parks. As for the pool, they are willing to look at an alternate location but feel most seniors prefer driving to the community center instead of walking, which is the purpose of the proposed location. He noted it 'will also allow the pool to be available during early phases of development. Council Member Henderson stated she doesn't feel it's necessary to move the pool and realizes some people prefer not living next to a pool area. Mayor Adolph asked about the decomposed granite area at the corner of Avenue 48 and Adams Street and about the height of the 24-inch box trees. Mr. Lynch stated the water conservation requirements restrict them from putting in too much greenery. The perimeter of the quasi-drainage area will be sloped 5-6 feet high so the drainage area will not be seen As for the trees, he anticipates the 15-gallon trees being about 10 feet high and the 24-inch box trees about 20 feet high with large canopies. They will also use date palms in certain areas but not in the courtyard. Mayor Adolph commented on the number of trees blown over in the medians after a windstorm and noted palm trees are better at withstanding high winds. He questioned the likelihood of the 15-gallon trees being 10 feet high, and asked staff to make sure the trunk size on the 24-inch box trees is wide enough. In response to Council Member Sniff, Mr. Lynch stated the affordable housing units will have two bathrooms. The senior housing bathrooms will be wheelchair accessible. Mr. Orci advised the conditions of approval require 1.5 caliper size trees. City Council Minutes 23 November 18, 2003 There being no further requests t° speak, the Mayor declared .the PUBLIC HEARING CLOSED at 8:23 p.m. Council Member Osborne stated he likes the senior housing project but is concerned about the reduced front and rear-yard setbacks of the market-rate "units. He also asked about the minimum common open area. Mr. Orci stated the specific plan allows a setback minimum of 3 feet but most of them are at least 10 feet. He indicated the specific plan can be approved pursuant to the plotting Shown on the tract map if Council desires. He confirmed the General Plan calls for 30%' of common open area within the development and the apPlicant is r~questing 24%. Council Member Sniff stated he doesn't have any problems with the project. Council Member Henderson and Mayor Adolph agreed. RESOLUTION NO. 2003-111 A RESOLUTION OF THE CITY COUNCIL OF THE CITY.-OF LA QUINTA, CALIFORNIA, APPROVING THE DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR TWO SINGLE FAMILY RESIDENTIAL SUBDIVISIONS 'LOCATED ON 31.51 ACRES AT THE NORTHEAST CORNER OF AVENUE 48 AND ADAMS STREET (SPECIFIC PLAN 2003-063 - SANTA ROSA DEVELOPMENT, INC.) It was moved by Council MemberS Henderson/Sniff to adopt Resolution No. 2003-111 as submitted. Motion carried unanimously with CoUncil Member Perkins ABSENT. · RESOLUTION NO. 2003-112 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 19.51 ACRES INTO A RESIDENTIAL SUBDIVISION CONSISTING OF A 149-UNIT SENIOR RESIDENTIAL PROJECT (TENTATIVE TRACT MAP 31311 - SANTA 'ROSA DEVELOPMENT, INC.) It was moved by Council Members Sniff/Henderson*to adopt Resolution No. 2003-112 as submitted. Motion' carried unanimously with Council Member Perkins ABSENT. City Council Minutes 24 November 18, 2003 RESOLUTION NO. 2003-113 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 12 ACRES INTO A RESIDENTIAL SUBDIVISION 36 UNITS OF MARKET-RATE SINGLE FAMILY HOMES (TENTATIVE TRACT MAP 31310 - SANTA ROSA DEVELOPMENT, INC.) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2003-113 as. submitted. Motion carried unanimously with Council Member Perkins ABSENT. 'Council Member Henderson suggested modifying the language in Site Development Permit 2003-767 to a minimum side-yard setback of eight feet. Council concurred. RESOLUTION NO. 2003-114 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE DEVELOPMENT PLANS FOR A MARKET- RATE SINGLE FAMILY RESIDENTIAL DEVELOPMENT (SITE DEVELOPMENT PERMIT 2003-767 - SANTA ROSA DEVELOPMENT, INC.) It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2003-114 as modified (setting a minimum side-yard setback of eight feet). Motion carried unanimously with Council Member Perkins ABSENT. RESOLUTION NO. 2003-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A 149-UNIT SENIOR RESIDENTIAL PROJECT (SITE DEVELOPMENT PERMIT 2003-766 - SANTA ROSA DEVELOPMENT, INC.) It was moved by Council Members Henderson/sniff to adopt Resolution No. 2003-115 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. City Council Minutes 25 November 18, 2003 4. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ~ ORDINANCE: 1) CERTIFYING A MITIGATED NEGATIVE DECLARATION OF I ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003- 479; 2) GENERAL' PLAN AMENDMENT 2003-094 AND ZONE CHANGE 2003-115 T° CHANGE LAND USES FROM COMMUNITY COMMERCIAL AND MEDIUM DENSITY RESIDENTIAL TO LOW DENSITY RESIDENTIAL; AND 3) TENTATIVE TRACT MAP 31348 TO CONSIDER THE SUBDIVISION OF 37.72 ACRES INTO 72 SINGLE FAMILY LOTS AND ONE OPEN SPACE LOT LOCATED AT 46-201 WASHINGTON STREET - POINT HAPPY RANCH. APPLICANT: MADISON DEVELOPMENT, LLC. Planning Manager Orci presented the staff report, and Associate Planner Maga~a gave a brief overview of the project. In response to Council Member Sniff, Mr. Maga~a stated nuisance water from the street will drain into catch 'basins, which will then drain into the retention basin, Runoff from the mountain will also drain into the retention basin by way of a concrete V-ditch five feet wide and one foot deep. He then pointed out a second retention basin in the project. Rick Wilkerson, 71-361 San Gorgonio Road, Rancho Mirage, manager of -'- Madison Development, stated he is available to answer questions. Council Member Henderson referenced the right-in, right-out access and asked what other alternatives they may have considered and eliminated. Mr. Wilkerson stated they considered taking a few homes along Singing Palms for an exit with a six-way traffic, signal ~at Singing Palms and Washington Street but staff has indicated it's too close .to another intersection. They also considered a secondary access behind Vons but the elevation change is too great and the traffic-toO .heavy. He understands eventually there will be some form of traffic signal somewhere between Avenue 47 and Highway 111. Public Works Director Jonasson stated there has been some discussion about a right-in, right-out, left-in movement into the Washington Park development but not a traffic signal. Mr. Wilkerson stated he feels there, should be a left-turn'signal light for southbound traffic, wanting to make a u-turn .or enter the Washington Park development, and they would be willing, to Participate in the cost of such a signal. He voiced concern about vehicles making u-turns on Washington Street after exiting Simon Drive. He noted the zone change reduces the traffic impact by 4,920 daily tripS and their market study shows 50% of City Council Minutes 26 November 18, 2003 their homes will be sold to full-time residents, of which half will be empty nesters. His concern is for the safety of residents exiting the project and having to make a u-turn on Simon Drive. He feels there should be a variance to allow a traffic signal at Simon Drive or something should be done before Avenue 47. The Mayor declared the PUBLIC HEARING OPEN. Robert Cox, 78-315 Crestview Terrace, stated he supports the project but shares some of the concerns that have been voiced. He feels the drainage problem from mountain runoff can easily be corrected. He stated the neighborhood is opposed to traffic from the gated community exiting onto Highland Palms at approximately 140 trips per day. He believes this would be the only gated community in the City that is allowed to empty their traffic ~into a ...residential neighborhood, and that most of the residents would probably use that exit to utilize the traffic signal at Washington Street. He feels a traffic signal at Singing Palms and Simon Drive would be the most feasible alternative for safety and ease of traffic, and that most of the neighborhood would support having a signal there. He feels the u-turns at Simon Drive and into the La Quinta Plaza Shopping Center are almost impossible 'to do and should be mitigated. Don Rector, 46-450 Cameo Palms Drive, stated he feels sufficient space should be prOvided for a third southbound lane on Washington Street, and commented on the Historical Society's historical review of the property. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to COuncil Member Henderson, Contract City Traffic Engineer Nazir Lalani reviewed the traffic difficulties and options for this area of Washington Street. Should the institutional issues involved with having a joint access with Washington Park be dealt with, it would be important to have a deceleration lane into the joint driveway. Options that have been discussed are a continuous deceleration lane from Highway 111 that would · serve both La Quinta Plaza and this development, and moving the access for this project farther south to lengthen the deceleration lane. Each home in the new project is projected to generate 10-12 trips per day for a total project average of 700-800 trips per day, which will have a traffic impact to Highland Palms since most residents will .want to go north on Washington Street. He recommends traffic calming, such as speed bumps or road narrowing, be implemented on Highland Palms or else the neighborhood will most likely find the traffic unacceptable. If the Highland Palms gate is City Council Minutes 27 November 18, 2003 utilized as.an emergency exit only, it will result in a high volume of' u-turn ~ ~' movements on Washington Street. Council Member Henderson noted residentS could exit at Washington Street and use the frontage road to access the. Highland Palms intersection. She asked about .the impact of closing off the frontage road. Mr. Lalani stated if the access for this project is moved farther south, the frontage road access would most likely have to be closed, Mayor Adolph asked how this project might affect the final design Plans for the Washington Street median. Mr. Jonasson stated the median is part of .the street improvement plans for WashingtOn Park which is in plan check. He doesn't believe this project was taken into account in those plans but it could have an.. effect .on them. He added'the non-raised median area will be moved eastward to make room for widening the streets. Council Member Henderson noted these concerns about traffic would be greater if this was a commercial project. Mr. Wilkerson stated he is shocked, after working on this project for two "-' years~ to hear someOne make .reCommendatiOns about it after looking at the i project for half a day. He indicated they will abandon the project if they ~ have to put a primary access through the Vons shopping center. He feels the traffic on Highland Palms would be even greater if this wasn't a gated community' project. Council Member Sniff stated he feels this should be looked~ at globally to. find a one-entrance solution. He suggested moving the entrance slightly northward'for an entrance that would accommodate both the develop'ment and La Quinta Plaza. Mr. Wilkerson stated he cannot conceive of selling the concept of seclusion and quality homes with an entrance that is shared with the Beer Hunter. They are willing to coordinate an entrance at Singing Palms but not at the shopping center. They dropped the idea of purchasing one of the lots on Singing Palms to use as an entrance t° the project after.staff indicated a traffic signal at Singing Palms would not be allowed. They .are willing to work with staff on other alternatives except for an entrance at the shopping center. He noted the easement currently used for the entrance to La Quinta Plaza was previously part of the Point .Happy property. Council Member Henderson stated she doesn't have a problem with the project and Would be prepared to approve it but feels a global look at what City Council Minutes 28 November 18, 2003 has been prepared for Washington Street might help to come up with a sensible solution. Mayor Adolph asked about coordinating the entrance with the corner lot at Singing Palms, making it both an entrance and a frontage lane with space for southbound traffic to be diverted away. He feels that would be a safer solution. -' Mr. Wilkerson stated they considered that alternative but the frontage wall is a conflict. Mayor Adolph commented on the possibility of reconfiguring the wall so traffic can transverse onto Washington Street safely. Mr. Wilkerson stated.he would support a continuance so he can work with staff on an alternative entrance but needs to have the project back on the agenda as soon as possible. Council Member Henderson stated if it would help the developer, she would like to approve the project now contingent upon the entrance being resolved. Mr. Wilkerson stated that would help as long as the alternative is not an entrance through the La Quinta Plaza Shopping Center. Council Member Sniff suggested reconfiguring the front lots to bring the street up to the perimeter of the property and run generally southward. He noted the reconfiguration may result in the loss of one lot. Mr. Wilkerson stated they gave up two lots already to retain two lO0-foot trees. Mr. Jonasson stated the City received a number of letters from homeowners on Singing Palms when the possibilitY of a traffic signal and reconfiguration .of that access was discussed. He feels it would be unrealistic to expect to bring this back without talking to those residents. Mr. Wilkerson stated he was surprised to hear the City has received 8-10 letters, opposing a traffic signal at Singing Palms. He stated a number of residents spoke in support of a traffic signal at a meeting at the Senior Center, and he told them he would go back with them to the City to request a variance to allow the traffic signal. Mr. Jonasson stated the access onto Highland Palms is still an issue. City Council Minutes 29 November 18, 2003 Council Member Henderson noted the City already has one traffic signal that is outside of the General Plan and will soon have another one. Mr. Jonasson stated the traffic problems that exist at Channel Drive is the purpose for the spacing requirement. Council Member Henderson stated she feels sometimes the only way to correct an earlier mistake is with another miStake. CoUncil Member Osborne stated he feels Washington Park is going to need southbound access at some point. · Mr. Jonasson stated he believes a joint access with La Quinta Plaza would " be the best option, and doing something with Singing Palms to make it a full- ,turn moVement would probably be the next best option. Acting City Manager Weiss suggested a continuance to December 16, 2003, to allow staff to work with the traffic engineer and come back with a global· analysis and options for this area of Washington Street. He expressed concern about doing a contingent approval because of unknown legal impacts with respect to the other properties. Mr. Wilkerson stated he supports a continuance to December 1 6, 2003. MOTION .- It was moved by Council Members Sniff/Osborne to continue the public hearing for General Plan Amendment 2003-094, Zone Change 2003-115, and Tentative Tract Map 31.348 for Madison Development to December 16, 2003. council Member Henderson stated she would like to approve the project now but feels an opportunity exists to' clear up a bigger problem. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-115. BUSINESS SESSION ........... continued 8. CONSIDERATION OF A REQUEST TO WAIVE THE UNDER-GROUNDING WIRING REQUIREMENTS PRESCRIBED IN SECTION 8.03.020 OF THE LA QUINTA MUNICIPAL CODE ASSOCIATED WITH THE CONSTRUCTION OF A ROOM ADDITION AT 52-940 AVENIDA RAMIREZ. APPLICANT: RICHARD TYREE. Community Development Director Herman presented the staff report. City Council Minutes 30 November 18, 2003 In response to Mayor Adolph, Mr. Herman stated he wasn't sure why the panel board was not installed north of the existing panel board except it does eliminate a potential hazard by taking it away from the existing building. MOTION - It was moved by Council Members Henderson/Sniff to waive the underground Wiring requirements of Section 8.03.020 of the La Quinta Municipal Code associated with the construction of a room additiOn at 52-940 Avenida Ramirez. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2003-116. Council recessed to the Redevelopment Agency meeting. Council reconvened. · · STUDY SESSION 1. DISCUSSION OF ALTERNATIVE LOCATIONS AND TREATMENTS FOR THE PROPOSED PEDESTRIAN CROSSING ON AVENIDA BERMUDAS AT AVENIDA LA FONDA NEAR OLD TOWN. pUblic Works Director Jonasson presented the staff report. Assistant City Engineer Speer and Contract City Traffic Engineer Nazir Lalani reviewed alternative sites and various types of street crossings. In response to Council Member Henderson, Mr. Jonasson confirmed a sidewalk would be used to get pedestrians from the crosswalk to the parking lot. Council Member Henderson asked if the same design would work at Calle Estado in front of the Post Office and on Desert Club Drive. Mr. Speer stated it would have to be looked at separately because the intersection design is different. She stated she likes the crossing and suggested using Art in Public Places Funds to add some type of upscale visual appeal. She also feels more pedestrian identification is-needed at the crossings on Calle TamPico and suggested some of these design features be carried over to there. Council Member Sniff stated he feels the .design is somewhat garish but interesting. He feels a more-centrally located crossing would serve all of the · businesses in the Village, and not just Old Town, and would provide easier City Council Minutes 31 November 18, 2003 access from the City parking lot. He alSo belie~:es some type of flashing light is needed for safe night crossing, Mr. Jonasson advised the configuration shows the crossWalk too far north. It would actually be farther south to connect up with .the City parking lot. · In response to Council Member Sniff, Mr. Speer stated moving the crossing southward may affect the left-turn pocket into the alley and reversing the · configuration would not enable pedestrians to face the oncoming traffic they are about to cross in front of. He stated off-set crosswalks have reduced the number of pedestrian accidents. He stated 'no lighting is Proposed because of cost. CounCil Member Henderson asked about putting lighting on the railing. Mr. S'peer stated Staff has discussed using IoW-level landscaping in place of the railing. Mayor Adolph stated he prefers Iow-level landscaping with Iow-level lighting. Mr. Lalani stated most refuge islands are painted yellow for safety reasons. He pointed out this is a conceptual layout and the final design would be ' ..... more visually appealing. Council Member Sniff commented on the need for consistency for all crossings in the Village. Mr. Speer referenced the.pedestrian crossings on Avenida La Fonda. and Calle Estado and noted the traffic volume on' those streets is less than Avenida BermUdas. In response to Council Member Sniff, he stated Avenida Bermudas is 40-50 feet wide. Council Member Osborne stated he likes the idea of using Iow-level landscaping and lighting, and feels the crossing should line up properly with. the City parking lot. Council Member Henderson suggested using colored striping and putting a stripe on each side of the brick pedestrian crossings on Avenida La Fonda and Calle Estado for the purpose of consistency. Mayor Adolph suggested staff be directed to come up With something that will be consistent. Council concurred. City Council Minutes 32 November 18, 2003 Mayor Adolph noted moving the crossing southward will place it too close to the existing crosswalk at the stop sign, Mr. Speer indicated the crosswalks at controlled intersections can be enhanced for better visibility. Mayor Adolph suggested widening the walking area in the refuge island to six feet with three feet On each side. He likes the idea of having a safety island and will not object to the staggered design but doesn't feel it's necessary. He's not convinced it's safe to have the pedestrian's back to traffic just so the oncoming traffic can be seen before crossing. Council Member Henderson stated the businesses have vOiced concern about the speed of traffic, and parking. She noted the sPeed was reduced to 25 mph over a year ago but the signs haven't been installed. She feels getting the signs up and installing a crossing will help. both of these problems. She doesn't like the idea of having a refuge island crossing and a regular crosswalk at the stop' sign. Mr. Jonasson indicated the possibility of striping them in a similar manner. Council Member Henderson requested staff bring back a map of the entire street area up to the post office when this issue is brought back for consideration. In response to Council Member Osborne, Mr. JonasSon stated signage for the City parking lot is in place and staff has conCeptual plans for perimeter landscaping and sidewalks to enhance the parking lot. Mayor Adolph cOmmented on the lack of speed limit signs on Avenida La Fonda. After a brief discussion, Council concurred to direct staff to come back with suggestions for aesthetic treatments for the crosswalk refuge median area. 2. DISCUSSION OF TRAFFIC MANAGEMENT PRACTICE REGARDING INSTALLATION OF DECELERATION LANES SERVING DEVELOPMENT' PROJECTS LOCATED ADJACENT TO ARTERIAL STREETS. Public Works Director Jonasson presented the staff report. Assistant City Engineer Speer gave a brief presentation on the technical details' of deceleration lanes and how they should be configured to be most effective. He noted the General Plan calls for Washington Street to be eight lanes City Council Minutes 33 November 18, 2003 instead of six lanes as is currently configured, and deceleration lanes have been required at project entrances in hopes to keep from going to a fourth lane in each direction in the area between Highway 111 and Avenue 48. Mayor Adolph asked if sufficient space exists to have eight lanes between LG's and the Beer Hunter. Mr. Speer stated it's physically possible Without taking any of the buildings but it Would require narrowing the median and setting the curb back an extra six feet on each side. 'COntract City Traffic .Engineer Nazir Lalani stated there are no national standards for deceleration lanes. He recommended the following: require Traffic Impact.Studies for all.projects generating 100+ peak hour trips; include access design as Part of the study scope; and cOndition projects to provide designs recommended by the study. In response to Council Member Osborne, Mr·. Speer stated storage lengths apply only at signalized intersections unless the throat of a driveway into a development is not deep enough to provide sufficient stacking room for vehicles. The taper length is the reverse curve area of the curb where the curb is set 'back. He explained the importance of having sufficient space in the right-of-way for public uses such as traffic control signs, catch basins, fire hydrants, sidewalks, etc. Should Council wish to require deceleration lanes based on 50 vehicles per hour, that count would be determined by the traffic study before the project is submitted for approval. He confirmed a 32-foot landscape setback area would be reduced to 20 feet if a deceleration lane encroaches into the right-of-way. In situations where two succeSsive driveways exceed the vehicle count limit, both would require deceleration lanes. He stated the striped deceleration lane on Fred Waring Drive in front of Bella Vista will be eliminated when the street is widened to six lanes. If a painted deceleration lane was used on Jefferson Street in front of the Jefferson-Waring project, it would be outside of the bike lane and the bike lane would have a break in it as was done on the street by Fritz .Burns Park. He stated Attachment #2 does not include collisions within 200 feet of signalized intersections. He confirmed the accident percentages are well below the stat® average and are not rear-end collisions only. Council Member Osborne noted the number of accidents will increase as traffic increases .unless something is done to deter them. Council Member Sniff stated he doesn't feel it's necessary t° have a policy. However, he will support requiring deceleration lanes for all driveways on arterial streets then dealing with it if a developer chooses to appeal. He City Council Minutes 34 November 18, 2003 supports maintaining the landscape setback area and having a standard minimum length for deceleration lanes that can be lengthened if felt appropriate by staff. He doesn't feel the deceleration lane should extend beyond the project boundary, Council Member Henderson asked if the SunLine bus stops encroach into the project or just the landscape setback area. She stated it seems to encroach into the project for the Jefferson-Waring development. Mr. Speer stated the bUs stops encroach only into the landscape setback area. Mr. Jonasson noted encroaching into the project is not a minor issue for developments because it affects their parking. Council Member Henderson suggested splitting the difference by encroaching half into the landscape setback area and half into the project. She noted it could otherwise have a significant impact on the parking requirements and she is already concerned about the parking spaces being too small. She asked about the rational for 50 vehicles per hour. Mr. Speer stated it was part of the State of Colorado's regulations and is based on speed limits. He noted as the speed limit increases the number of vehicles per hour is reduced. Council Member 'Henderson stated she feels 50 vehicles per hour is reasonable. She asked about the length of bus stop turnouts. Mr. Speer stated bus turnouts have a 60-foot taper going in and out along with a 90-foot straight-of-way. CounCil Member Henderson stated she doesn't support extending beyond the project boundary but isn't sure about the l'O0-foot length. Mr. Lalani stated there would be no benefit in doing a lane length of less than 100 feet. In response to Mayor Adolph, Mr. Speer stated the 50 vehicles per hour is for inbound traffic only. He confirmed there could be a situation where one deceleration lane would run into another one, such as Mr. Lalani recommended earlier for the Point Happy project. Mayor Adolph stated he feels Highway 111 is wide enough for a striped deceleration lane. Mr. Speer stated the shoulder area is 8 feet wide and CalTrans requires 12-16 feet to stripe it as a deceleration lane. City Council Minutes 35 November 18, 2003 Mayor Adolph stated he feels deceleration' lanes should be considered on a. case-by-case basis because some developments don't have enough traffic to require it. He is not in 'favor of deceleration lanes encroaching into. the landscape setback area. As for splitting the difference, he stated there may be a reason to consider it in certain 'circumstances but his first reaction would be to say "No." He agrees with a l O0,foot minimum length, for deceleration lanes but feels it should be decided on a Case-by-case basis because some projects may require more length if land is available. He doesn't support extending beyond the project boundary. Mr. Speer stated he understands the consensus is to go with a minimum lane length of 100 feet and requiring more if the project merits it and land is. available. Additionally, that the landscape setback area is to be maintained and any hardship cases will have to be appealed to the Council. He noted developers may try the Council appeal more often than not. Council Member Henderson stated she doesn't feel it's good to have an "iffy" kind of policy. If the consensUs is not to give up any landscaping then that should be the policy. After a brief discussion, Council concurred on requiring deceleration lanes for --- driveways with 50 or more vehicles per hour. Mr. Jonasson stated, with Council's approval, he will implement an 'engineering policy for discussions with developers and Council can consider formalizing the requirement when the General Plan is updated. Council Member Henderson noted it could be included with the General Plan issues the Community Development Department submits at various times throughout the year. Council concurred. REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee -- CounCil Member Sniff reported he has a copy of the draft Multi-Species Habitat Plan available for review. League of California Cities-Riverside .Division --.Council Member Henderson commented on the League's role in the VLF issue in Sacramento. Palm Springs Desert Resorts Convention & visitors Authority- Council Member Henderson reported the Technical Advisory Committee (TAC) is questioning the City Council Minutes 36 November 18, 2003 purpose of Committee, and the Authority will be holding a joint meeting with them in January. Mayor Adolph referenced the Authority's projection fOr reduced Transient Occupancy Tax in 2004, and asked why. Council Member Henderson explained because the estimated revenues from TOT for last year are down. She added occupancies are up but the.rates are down. SunLine Transit Agency/SunLine Services Group -- Mayor Adolph reported the Agency is reviewing applications for the General Manager position. He indicated the taxi group is also threatening litigation against the Agency. All other reports 'were noted and filed. DEPARTMENT REPORTS Public Works Director Jonasson spoke regarding the request by The Quarry for street improvements to Avenue 58. He stated an alignment study was done for the area between Avenue 58 and Jefferson Street with the idea that eventually there would be a DIF funded project that would move the road. He stated the improvements are an add project in the CIP to be funded partially by the DIF and can be moved forward to the funded list if Council wishes. The Quarry is also concerned about the general condition of the street, which he confirmed is in very bad shape. However, due to the Iow volume of traffic and the street being used by only one development,~ it doesn't compete well for street improvement or street maintenance dollars. The estimated cost to improve the street is 9500,000. He recommended considering it as a CIP project in March to be done in 2004/2005. In response to Mayor Adolph, Mr. Jonasson confirmed the City has bonds from KSL and The Quarry for the improvements. In response to Council Member Henderson, Mr. Jonasson stated the KSL and Quarry bonds total approximately 91.2 million but the City's share is over 91 million. He recalls the total CIP cost being approximately 91.6 million but stated he needs to verify what improvements are included and report back to Council. Mayor Adolph asked if the City would be reimbursed by future developments on that street. City Council Minutes 37 November 18, 2003 City Attorney Jenson noted that is difficult without a fee established to assess a development after the fact. In response to Council 'Member Osborne, Mr. Jonasson stated the street improvements Coral Mountain and other developments on Avenue 58 are conditioned to do are only for the outside 20 feet and The Quarry is talking about the portion that gets realigned. He stated there may be some cost savings in the -Jefferson Street realignment since that street is not likely to have the volume of traffic indicated in the realignment study. Council concurred to direct staff to send a letter to The Quarry informing them that the City will be looking at the street improvements during next year's budget. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF VETERAN'S MONUMENT DESIGNATIONS. Mayor Adolph stated several veterans have expressed disappointment about Colonel Mitchell Paige's Congressional Medal of Honor accomplishment not being indicated on the Veteran's Monument and have suggested CMH be added after his name. He realizes the Council discussed not adding the list of medals after each name but suggested the possibility of making an exception for Colonel Paige. Council Member Henderson stated her initial intent for the monument was to' begin with something for Colonel Paige but it wasn't supported by a majority of the Council, and she feels bad there isn't something specific .for him, Council concurred' to direct staff to have the artist add CMH .after Colonel Paige's name. 2. DISCUSSION OF FEES FOR THE COACHELLA VALLEY RECREATION PARKS DISTRICT (CVRPD) AT THE FRANCES HACK PARK. Mayor Adolph stated the CVRPD Board of Directors is unhappy about the City's Minor Use Permit Application Fees not being waived for special'events at the Frances ~Hack Park. Community Development Director Herman advised the Zoning Code allows fees to be waived for 503(c) organizations but the District is nora non-profit organization. He stated in the past Council has approved a grant to cover the $100 application fee'but staff does not have the authority to waive it. City Council Minutes 38 November 18, 2003 Mayor Adolph noted it is similar to the City charging a fee to residents for a garage sale on their property. However, most of the events held at the park are for the community, and according to Mr. Martin, the City didn't participate in the costs to renovate the park. Council Member Henderson stated the City did participate in the park renovation by providing park grant funds. She suggested sending them a letter and bring to their attention what the City's participation was in the renovation and offer to cover the application fee through the grant program. Mr. Herman advised CVRPD is requesting a permit for 12 events throughout the year. Council concurred to direct staff to send a letter to CVRPD as suggested by Council Member Henderson. ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Sniff to adjourn the meeting in honor of Colonel Mitchell Paige. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California