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2004 01 20 CC Minutes .-- LA QUINT A CITY COUNCIL , MINUTES JANUARY 20,2004 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 . Closed Session pursuant to Government Code Section 54957, Public Employee Discipline/Dismissal/Release. (See announcement on Page 4.) 2. Conference with City's legal counsel pursuant to Government Code Section 54956.9(a) regarding pending litigation, Coachella Valley Water District v. r-- City of La Quinta, Riverside Court Case No.INC 010827. i 3. Conference with City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of a portion of 525 ~ acres located at the southwest corner of Avenue 52 and Jefferson Street. Property Owner/Negotiator: John Foster. 4. Conference with City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at the southwest corner of Highway 111 and La Quinta Drive (APN: 649-030- 055). Property Owner/Negotiator: Robert Craig Maniaci. Council recessed to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. ¡- Mayor Adolph led the audience in the Pledge of Allegiance. City Council Minutes 2 January 20, 2004 PUBLIC COMMENT - None CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Diane Glanz, President of La Quinta Chamber of Commerce, gave a brief update on the Chamber's activities, and encouraged the Council Members to provide articles for The Gem newsletter. A brief discussion ensued regarding the legal issue of Council Members' photos and/or articles appearing in the newsletter. See Page 8 for further discussion on this matter. WRITTEN CORRESPONDENCE 1. CORRESPONDENCE FROM THE LA QUINTA ARTS FOUNDATION. Council concurred to direct staff to place this matter on the February 3, 2004 agenda as a study session item. 2. CORRESPONDENCE FROM THE LA QUINTA ARTS FOUNDATION IN RESPONSE TO THE CITY MANAGER'S REQUEST FOR STATUS REPORT, DATED JULY 7, 2003. Council concurred to direct staff to place this matter on the February 3, 2004 agenda as a business item. PUBLIC COMMENT Don Martin introduced Stan Ford as the new General Manager of Coach ell a Valley Recreation and Park District. APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of January 6, 2004, as submitted. Motion carried with Council Member Perkins ABSTAINING. ~- -.. - ~ -. -.-- .. - City Council Minutes 3 January 20, 2004 r CONSENT CALENDAR I 1. APPROVAL OF DEMAND REGISTER DATED JANUARY 20, 2004. . 2. TRANSMITTAL OF TREASURER'S REPORT FOR' THE PERIOD ENDING NOVEMBER 30,2003. 3. TRANSMITTAL OF THE REVENUE & EXPENDITURES REPORT FOR THE PERIOD ENDING NOVEMBER 30, 2003, AND THE INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING DECEMBER 31, 2003. 4. APPROVAL OF OVERNIGHT TRAVEL FOR THE HISTORIC PRESERVATION COMMISSION, PLANNING MANAGER, AND PRINCIPAL PLANNER TO ATTEND THE 29TH ANNUAL CALIFORNIA PRESERVATION CONFERENCE TO BE HELD IN SAN FRANCISCO, CALIFORNIA, APRIL 28 TO MAY 1, 2004. 5. APPROVAL OF PROPOSAL FOR A 2004/2005 OFFICE OF TRAFFIC SAFETY (OTS) GRANT. 6. APPROvAL TO DESIGNATE JACQUES ABELS TO REPRESENT THE CITY OF LA QUINTA AT THE WORLD WAR II MEMORIAL DEDICATION IN .-- WASHINGTON, D.C. ' 7. APPROVAL OF PARTICIPATION IN THE COACHELLA VALLEY ARTS ALLIANCE EVENT, "KALEIDOSCOPE." 8. DENIAL OF CLAIM FOR DAMAGES FILED BY WILLIAM A. DURAZO, DATE OF LOSS: NOVEMBER 13, 2003. 9. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28838-1, LA CALA AT PGA WEST, WESTERN PACIFIC HOUSING. 10. ACCEPTANCE OF IMPROVEMENTS ASSOCIATED WITH TRACT 28838-2, LA CALA AT PGA WEST, WESTERN PACIFIC HOUSING. 11. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 31772, DESERT CLUB TRACT UNIT NO.2, POWER FINANCE ASSOCIATES, INC. (RESOLUTION NO. 2004-007) 12. APPROVAL OF AMENDMENT NO.4 TO THE CITY OF LA QUINTA, CITY OF INDIO, COUNTY OF RIVERSIDE, CV AG REIMBURSEMENT AGREEMENT AND - MEMORANDUM OF UNDERSTANDING (MOU) FOR IMPROVEMENTS TO JEFFERSON STREET FROM HIGHWAY 111 TO INDIO BOULEVARD. City Council Minutes 4 January 20, 2004 13. APPROVAL OF ADDITIONAL SITE AMENITIES FOR INCLUSION WITHIN THE COVE OASIS/LAKE CAHUILLA TRAILHEAD, PROJECT NO. 2002-02. 14. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE BOB HOPE CHRYSLER CLASSIC GOLF TOURNAMENT TO BE HELD JANUARY 21-25, 2004, IN THE COACHELLA VALLEY. (RESOLUTION NO. 2004-008) MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended and with Item Nos. 11 and 14 being approved by RESOLUTION NOS. 2004-007 and 2004-008 respectively. Motion carried unanimously. MINUTE ORDER NO. 2004-07. CLOSED SESSION ANNOUNCEMENT City Attorney Jenson announced the City Council concluded Closed Session Item No.1 and unanimously voted to continue the matter to February 17, 2004. BUSINESS SESSION 1. CONSIDERATION OF APPOINTMENTS TO FILL VACANCIES ON THE CULTURAL ARTS COMMISSION AND THE COMMUNITY SERVICES COMMISSION. City Clerk Greek presented the staff report, and advised Terry leMiere has indicated she will not be able to attend. Cultural Arts Commission The following applicants for the Cultural Arts Commission gave brief presentations on their background and qualifications, followed by questions from the City Council: Kathy Dunham Ed Hackney Wende West Andrea Gassman (Terry LeMiere was not present) Ballot No.1 Council Member Henderson voted for Andrea Gassman Council Member Osborne voted for Andrea Gassman Council Member Perkins voted for Andrea Gassman .~---_. - --- City Council Minutes 5 January 20, 2004 Council Member Sniff voted for Andrea Gassman r Mayor Adolph voted for Kathy Dunham , I . MOTION - It was moved by Council Members Sniff/Henderson to appoint Andrea Gassman to an unexpired term ending June 30, 2004, on the Cultural Arts Commission. Motion carried unanimously. MINUTE ORDER NO. 2004-08. Community Services Commission The following applicants for the Community Services Commission gave brief presentations on their background and qualifications, followed by questions from the City Council: Ed Hackney Yvonne Lambert Robert Leidner (Mark Ross was not present) . Ballot No.1 .-- Council Member Henderson voted for Ed Hackney and Robert Leidner Council Member Osborne voted for Ed Hackney and Robert Leidner C()uncil Member Perkins voted for Yvonne Lambert and Robert Leidner Council Member Sniff voted for Ed Hackney and Robert Leidner Mayor Adolph voted for Ed Hackney and Yvonne Lambert MOTION - It was moved by Council Members Sniff/Henderson to appoint Ed Hackney to an unexpired term ending June 30, 2004, and Robert Leidner to an unexpired term ending June 30, 2005, on the Community Services Commission. Motion carried unanimously. MINUTE ORDER NO. 2004-09. 2. CONSIDERATION OF AN" ART PURCHASE AGREEMENT WITH BilL WARE FOR THE EMBASSY SUITES ART PIECE. Community Services Director Horvitz presented the staff report. Bill Ware, the artist, distributed a sketch showing the proposed placement of the art piece. He also displayed three samples of the material to be used and r-- indicated a preference for the sample in the middle, which he indicated can be modified if too shiny. City Council Minutes 6 January 20, 2004 In response to Council Member Osborne, Ms. Horvitz confirmed the City will own the art piece. In response to Council Member Sniff, Mr. Ware reviewed how the art piece will be anchored. MOTION - It was moved by Council Members Sniff/Henderson to approve the Art Purchase Agreement with Bill Ware for the Embassy Suites art piece. Motion carried unanimously. MINUTE ORDER NO. 2004-10. 3. CONSIDERATION OF PARTICIPATION IN THE BIGHORN INSTITUTE ART PIECE PROGRAM. Community Services Director Horvitz presented the staff report. Lidia Kramer, Coordinator for Path of the Bighorn, outlined the program, which calls for no financial commitment by the City, and asked the Council to select one of two Bighorn art pieces for placement in the City. The names of the two art pieces are "Bright Future" and "Aries." In response to Council Member Perkins, Ms. Kramer explained the location of the art piece will be at the City Council's discretion. She indicated not all of the art pieces will be in high profile locations, and security measures will be taken as needed. She added there will be no liability to the City. Council Member Henderson expressed support for the program. In response to Council Member Sniff, Ms. Kramer stated the purpose of the program is to increase awareness about Bighorn Sheep. She confirmed placement of the art piece will be on a temporary basis until it is auctioned to raise money for the organization. Council Member Sniff voiced support for the program. He suggested the Cultural Arts Commission select a location, possibly in a park. Council Member Osborne voiced concern about children climbing on the art piece if located in a park. Ms. Kramer advised the fiberglass art pieces weigh approximately 350 Ibs. after the base is filled with sand. A stand with brochures about the program will also be provided to place next to the art piece. ~ -- ---- City Council Minutes 7 January 20, 2004 Mayor Adolph suggested the possibility of locating the art piece in front of r LG's Steakhouse. MOTION - It was moved by Council Members Sniff/Henderson to participate in the "Path of the Bighorn" art piece program. Motion carried unanimously. MINUTE ORDER NO. 2004-11. In response to Council Member Henderson, Ms. Kramer stated the Council may select both art pieces to locate in La Quinta. MOTION - It was moved by Council Members Sniff/Osborne to select both "Path of the Bighorn" art pieces ("Bright Future" and "Aries) and refer this to the Cultural Arts Commission to recommend two locations. Motion carried unanimously. MINUTE ORDER NO. 2004-12. 4. SECOND READING OF ORDINANCE. ORDINANCE NO. 398 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, r CALIFORNIA, APPROVING A REVISION TO THE LA QUINT A ZONING MAP FOR CERTAIN REAL PROPERTY LOCATED ON THE NORTHWEST CORNER OF AVENUE 52 AND JEFFERSON STREET (ZONE CHANGE 2003-117 - ROBERT SELAN). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 398 on second reading. Motion carried by the following vote: AYES: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS - League of California Cities-Riverside Division - Council Member Henderson distributed information regarding the bond issue, and noted the cities stand to lose a lot of money if the bond issue is not passed. City Council Minutes 8 January 20, 2004 Palm Springs Desert Resorts Convention & Visitor's Authority - Council Member Henderson reported the Authority has appointed a subcommittee to determine the Technical Advisory Committee's (T AC) role and will come back with a report in 90 days. She suggested Sun Line may want to consider establishing a T AC. SunLine Transit Agency/SunLine Services Group - Mayor Adolph indicated the Board will meet Thursday to discuss the vacant General Manager position, and may decide to use a professional firm to recruit applicants. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 2. REPORT REGARDING THE ATTORNEY GENERAL OPINION ON SHARING OF CLOSED SESSION INFORMATION BY COACHELLA VALLEY MOUNTAINS CONSERVANCY MEMBERS. City Attorney Jenson stated she expects the Attorney General's opinion to be over-ridden by proposed legislation that will include some provision for disclosure of the closed session information. She indicated the cities of Indian Wells and Palm Desert were not pleased with the Attorney General's decision. * * * * * * * * * * * In reference to the question raised during the Chamber of Commerce's presentation, she stated a 2001 ruling considers the newsletter a mass mailing and, therefore, cannot contain photographs, signatures, or editorials of Council Members. In response to Council Member Osborne, Ms. Jenson stated she will investigate as to whether or not the ruling includes private business ads. 4. BUILDING AND SAFETY DIRECTOR'S MONTHLY REPORT. Council Member Henderson inquired about a new business license listing for Nieto's Shrimp Cocktails at an address in the Cove. --- - ------- . - City Council Minutes 9 January 20, 2004 r Building & Safety Director Hartung stated he will look into the matter but noted it may be a street vendor or mail order business. I I 8. PUBLIC WORKS DIRECTOR'S MONTHLY REPORT. Mayor Adolph referred to a section in the report regarding the need for landscape improvements near the City's west entrance monument. He indicated once CalTrans approves the landscape plan, the Rotary or Chamber of Commerce will take on the project to get the area cleaned up. In reference to the entrance monument, Council Member Henderson noted the quail's topknot needs replacing. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING THE RED LIGHT RUNNER PROGRAM. Council Member Henderson requested staff come back with information on the red-light-runner program, as well as another program that uses some .--- type of "countdown" to indicate how much time is left before the signal light turns red. Council concurred. Council Member Sniff suggested including local and national statistics as to the effectiveness of the red-light-runner program, as well as drunk-driving statistics related to accidents at intersections. He believes that information could provide a solid basis to make a decision, and stated he would also like to know how many red-light-runner cameras there are in the Valley. He also asked the City Attorney to research any potential legal problems in using the cameras, and suggested more DUI checkpoints in the City. City Manager Genovese advised the City is applying for a grant regarding DUlcheckpoints along with purchase of trailers for enforcement. Council Member Sniff requested that information be included in the report. * * * * * * * * * * - Council Member Perkins asked staff to investigate what appears to be settling on the Washington Street bridge south of Avenue 50. City Council Minutes 10 January 20, 2004 2. DISCUSSION REGARDING VOTING RECORD OF LOCAL STATE LEGISLATORS. Mayor Adolph referenced the voting record statistics for State Legislators as reported in the Western City magazine (published by the League of California Cities), and noted how often their votes do not correlate with the League. He feels the Legislators' votes should reflect the cities they represent, and brought that issue up at a recent meeting with Supervisor Wilson and some of the Valley mayors. He indicated they plan to invite the Valley's four State Legislators to attend a meeting in an effort to understand why the Legislators voted as they did. Council Member Henderson noted Senator Battin did not support the League's stand on SB402 regarding binding arbitration. She also indicated there was some discussion at the League as to whether or not the statistical information should be published in the magazine. Council recessed to the Financing Authority meeting. Council reconvened and recessed to and until 7:00 P.M. 7:00 P.M. The City Council reconvened with Council Member Perkins absent due to illness. MOTION - It was moved by Council Members Sniff/Henderson to excuse Council Member Perkins. Motion carried unanimously. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2002-462, DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062, AND - --'----- City Council Minutes 11 January 20, 2004 DEVELOPMENT PLANS FOR SITE DEVELOPMENT PERMIT 2002-754 .-- SUBJECT TO FINDINGS AND CONDITIONS OF APPROVAL TO ALLOW A COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: JEFFERSON-WARING, LLC. Planning Manager Orci and Associate Planner Magaña presented the staff report and reviewed the modifications proposed by the applicant. In response to Council Member Osborne, Mr. Magaña stated the parking spaces previously along the northern boundary have been moved to the eastern boundary to allow straight access to the gas station. He indicated staff recommends a left-turn out at Fred Waring Drive not be allowed due to a traffic conflict between the westbound acceleration lane and westbound traffic attempting to enter the left-turn lane at Monticello Avenue. He stated the west exit from the project is 416 feet from Monticello Avenue. Assistant City Engineer Speer stated the City's Traffic Engineer feels 1,000 feet is needed to properly transition traffic from the acceleration lane into the existing traffic on Fred Waring Drive. He indicated a left-turn movement at that location would violate the General Plan, which calls for a minimum of - 2,600 feet between full-turn intersections on major arterials. He confirmed the full-turn movement at Las Vistas Drive and Fred Waring Drive is an exception to that requirement. In response to Mayor Adolph, Mr. Speer confirmed eastbound traffic will be able to make a u-turn at Fred Waring Drive and Jefferson Street. Mr. Magaña responded that a six-foot-high block wall will be constructed on the west and south boundaries of the project, and that no objections to the project have been received from neighboring residents. The Mayor declared the PUBLIC HEARING OPEN at 7:14 p.m. Rob Bernheimer, 73-101 Highway 111, Suite 1, Palm Desert, representing the applicant, noted the gas station redesign has resulted in shorter throat cuts at the north entrance on Jefferson Street and at the east entrance on Fred Waring Drive. In response to Council Member Henderson, Mr. Orci confirmed the shorter throat cuts will need to be addressed in the Specific Plan. ~ Keith Gregori, 75-150 Sheryl Avenue, Suite C, Palm Desert, of Dudek & Associates, clarified the six-foot-high wall on the west and south boundaries will be on a two-foot-high berm. In response to Mayor Adolph, he indicated City Council Minutes 12 January 20, 2004 they have not received a commitment on the gas station but noted that pad is not part of the Site Development Permit. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:40 p.m. Council Member Henderson stated her previous concerns have been addressed, and she concurs with staff's recommendation for no left-turn movement on Fred Waring Drive. Council Member Osborne commented that he would like to see a left-turn movement on Fred Waring Drive but will support staff's recommendation based on the continuing increase in traffic. Council Member Sniff stated he supports the project, and agrees a left-turn movement would be too risky in the long term. Mayor Adolph concurred. RESOLUTION NO. 2004-009 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR SPECIFIC PLAN 2002-062 AND SITE DEVELOPMENT PERMIT 2002-754 (JEFFERSON-WARING, LLC.) It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2004-009 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. RESOLUTION NO. 2004-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR SPECIFIC PLAN 2002-062 TO ALLOW A 102,402 :t SQUARE FOOT NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE (JEFFERSON-WARING, LLC.) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2004-010 as amended (to include the shorter throat cuts). Motion carried unanimously with Council Member Perkins ABSENT. _._-~ -- ....- City Council Minutes 13 January 20, 2004 RESOLUTION NO. 2004-011 .-- , i , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING DEVELOPMENT PLANS TO ALLOW A 102,402:t: SQUARE FOOT NEIGHBORHOOD COMMERCIAL SHOPPING CENTER ON A 10.7 ACRE SITE. (SITE DEVELOPMENT PERMIT 2002-754 - JEFFERSON- WARING, LLC.) It was .moved by Council Members Sniff/Henderson to adopt Resolution No. 2004-011 as amended (adding a provision for no left-turn movement on Fred Waring Drive). Motion carried unanimously with Council Member Perkins ABSENT. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2003-492 AND TENTATIVE TRACT MAP 31732, A SUBDIVISION OF 197 SINGLE FAMILY LOTS ON 43.8 ACRES LOCATED AT THE SOUTHEAST CORNER OF MONROE STREET AND AVENUE 60. APPLICANT: MICHAEL LA MEllA. .-- Planning Manager Orci presented the staff report and referenced a memorandum regarding modifications to Condition Nos. 13 and 53. Principal Planner Sawa gave a brief overview of the project. In response to Council Member Osborne, Mr. Sawa. reviewed the access locations for lots adjacent to the alleyways and advised street parking in the alleyways will not be allowed. He confirmed the lot sizes were approved under a County specific plan. He further confirmed a supplemental traffic impact study, based on this project and the project to the south, has determined the traffic can be adequately handled by the streets as proposed. He was not able to confirm the traffic study looked at road conditions only for Monroe Street between Avenue 60 and Avenue. 61 but added the indication was there would be no detrimental effect from this project. The retention basins will be landscaped, and the three park areas on the east boundary will provide a visual amenity. He indi~ated the setbacks approved by the County are close to the City's requirements. The front and side yard setbacks are 20 feet and 5 feet respectively, and the Planning Commission requested an additional six feet adjacent to the rear garages. The Planning Commission also requested the Monroe Street entrance be aligned with The Trilogy entrance across the street. .-- In response to Council Member Sniff, Mr. Sawa explained the curvilinear street design resulted in some larger lots but very few are 10,000 square City Council Minutes 14 January 20, 2004 feet. He explained the cul-de-sacs will have small landscape areas in the center. Mr. Orci noted the Site Development Permit may propose additional parking on each lot for off-street parking, and noted the alleyway concept moves the garages away from the street. Council Member Henderson inquired about the density and voiced concern about insufficient visitor parking. Mr. Sawa advised the proposed density is 4.49 dwelling units per acre. The pre-zoning by the City allows up to 8 units per acre, which is the same as the County-approved specific plan. Mayor Adolph voiced concern about the narrow lots~ the lack of parking with an alleyway setback of six feet, potential security problems with alleyways, and the lack of recreation amenities for children. He also noted the City Council will not have the opportunity to review the Site Development Permit for this project. Community Development Director Herman noted City Code allows a five-foot setback in alleyways, and indicated security will be provided by the gated community. Council Member Henderson asked if any security comments have been received from the Police Department, to which Mr. Orci responded, "No." In response to Council Member Osborne, Mr. Orci stated the Public Works Department asked for an additional six feet from the garages that back up to the alleyway. The Mayor declared the PUBLIC HEARING OPEN at 7:42 p.m. Sam Lindsey, 74-900 Highway 111, Indian Wells, representing the applicant, remarked that he feels the project will have as much parking as a typical subdivision. He indicated there will be a park with a playground for children in Lot B, and the triangular park west of Lot B can be used to provide visitor parking and another play area for children. They can also provide visitor parking at the three park areas on the east boundary but prefer maintaining them as landscape areas. In response to Mayor Adolph, Mr. Lindsey stated they will look at the possibility of including a basketball court in the park. Council Member Osborne asked why this tract and the tract under Public Hearing Item No.3 are split. Mr. Lindsey explained it spreads the risk, and added the phased projects will begin at the same time. Regarding the -- --- City Council Minutes 15 January 20, 2004 ---- alleyway security concerns, he indicated they could install motion lights. He I confirmed the project will have some two-story units. In response to Mayor Adolph, Mr. Lindsey stated garages for the perimeter lot will be in front, and each 5,000 square-foot lot will have 1,000:'1,500 square feet of yard space. Council Member Sniff indicated he still has concerns about inadequate visitor parking. Mr. Lindsey noted the project meets the City Code requirements but they may be able to add visitor parking in the triangular park area. He pointed out there will be an additional 20 feet of street parking in front of each lot that has a rear garage. Council Member Osborne noted both sides of the street will share the street parking since parking will be allowed only on one side. Lee Anderson, 59-777 Calhoun Street, Thermal, stated the Vista Santa Rosa Community Council has requested Riverside County Transportation do a traffic study for Monroe Street. They have concerns about the density of .-- the project, increased traffic on Monroe Street, and the effect the project will have on the active agriculture adjacent to this site. He understood the City intended to provide agriculture setbacks. Denys Arcuri, 52-295 Avenida Velasco, representing Supervisor Wilson's Office, voiced concern about the proposed density. He stated the neighboring County properties are zoned agriculture, and although developments up to 3 units per acres could be allowed, it's not what they prefer. He indicated they recently approved a project at Avenue 55 and Monroe Street at one unit per acre and considered that a compromise. Council Member Osborne noted the property zoning was approved by the County before it was annexed into La Quinta. Mr. Arcuri indicated he agrees the County-approved zoning was a mistake but noted it's not compatible with the County's current general plan. Duane Young, representing Cocopah Nurseries at Avenue 60 and Van Buren, voiced concern about there being no buffer between this project and his agriculture property where they use mild insecticides and sulfur, and pollinate the dates. He stated agriculture easements are required in some areas so ,........ homebuyers have to acknowledge the right of the agriculture use. : City Council Minutes 16 January 20, 2004 In response to Mayor Adolph, City Attorney Jenson advised a condition can be added requiring recordation of notice to future homebuyers so those homebuyers are aware of the agriculture uses on the adjacent property. In response to Council Member Osborne, Mr. Young confirmed he uses manure fertilizer on his agriculture property. Richard Hughes, 50-075 Camino Privada, spoke in support of the project and indicated he feels the rear garage concept will make the project successful. Joe Hammer, 74-757 North Polk Drive, Indian Wells, stated he owns 40 acres north of the proposed project, and his family owns another 1 7 acres across the street and they support this project. He noted the project is adjacent to the Vista Santa Rosa Community, and many of those property .owners want to be annexed into La Quinta. Rob Shumacher, 295 Villa Enderosa, spoke in favor of the tract design. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:45 p.m. Council Member Henderson asked if the project could accommodate eight units per acre without the private curvilinear streets and alleyways. She also asked if staff feels the developer has made a concerted effort to make this project superior to what could have been developed on this property. Mr. Herman indicated the project density would be approximately 7.5 units per acre with public streets and approximately 7.8 units per acre with private streets. He stated it's his understanding the developer wants to create a neo-traditional subdivision with alleys that fits within the allowable density and meets the City's development standards. He advised of the need to add a condition reinforcing the Right to Farm resolution. The Hideaway project was conditioned to provide a 100-foot-wide buffer adjacent to the agricultural use but it was not a requirement of the General Plan. He noted, if Council wishes, this project can be required to provide a buffer along the east property line and eliminate the perimeter lots until such time as the adjacent agriculture use ceases to exist. Council Member Henderson asked if the traffic generated by this project is within the traffic study completed for Monroe Street during the General Plan update. - - ---. - -~-- ---"- City Council Minutes 17 January 20, 2004 i Mr. Herman advised the County-approved high density for this site was i included in an analysis completed for the Coral Mountain EIR approximately three years ago. Council Member Henderson asked what type of arterial Monroe Street is proj,ected to be in the future, and an inaudible response was given by the Engineering staff. Mr. Herman confirmed that means Monroe Street will get wider going north as growth occurs. Council Member Osborne expressed concern about Monroe Street not being ready to accommodate the traffic from this project and the project to the south, and how the agriculture chemicals used by the adjacent agriculture property will affect the residents of this project. He also feels street parking will be a challenge since most people don't park two cars in their garage. He likes the tract design but indicated he cannot support the project at this time because he feels it would be better used with larger lots and in another area. Council Member Sniff pointed out the developer has planned the development in good faith based on the City's zoning guidelines. He stated he will support the project, provided proper notice is given to residents who live within a certain distance, maybe 200 feet, of the agriculture uses. He r-- indicated he isn't pleased with the parking issue but feels it will work. In response to Mayor Adolph, Mr. Herman confirmed the project will include street and landscape improvements along Monroe Street and Avenue 60. Mayor Adolph reiterated his concern about the Council not reviewing the Site Development Permit for this project. He suggested the project be conditioned to provide adequate recreation amenities for children, and commented on the need to have sufficient open space. Council Member Henderson asked about the possibility of having the project come back to Council as a business item. Ms. Jenson noted the specific plan is not under consideration, therefore, the project cannot be conditioned to come back to the Council for approval. In response to Council Member Sniff, Mr. Herman confirmed the Council can call up the Site Development Permit when it goes to the Planning Commission. .-- In response to Council Member Henderson's comment about the homeowners association not having a clubhouse to meet in, Mr. Herman referenced other developments in the City with the same situation. City Council Minutes 18 January 20, 2004 Council Member Henderson stated she feels the alleyway concept has some challenges but she likes it. She indicated she would support the project provided it's conditioned to provide the park and recreation amenities. Mr. Herman reviewed the changes/additions to the conditions of approval as follows: the project must notify potential homebuyers pursuant to the Right to Farm resolution; recreation amenities for youths of all ages must be provided; and amendments to Condition Nos. 13 and 53 as noted in the memorandum referenced earlier. Mayor Adolph requested a condition be added to require security lighting in the alleyways. Ms. Jenson recommended: the notification be recorded to ensure future homebuyers are notified and put on notice as to the active farming activities and potential chemicals to be used; the content of the notice be approved by the Community Development Director and City Attorney; and that a distance from the property line be specified or use the amount specified in the Right to Farm Resolution, whichever is greater. Council concurred to use the distance specified in the resolution. RESOLUTION NO. 2004-012 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-492 PREPARED FOR TENTATIVE TRACT MAP 31732 (MICHAEL LA MELZA). It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2004-012 as amended (adding the agricultural notification as a mitigation measure). Motion carried with Council Member Osborne voting NO and Council Member Perkins ABSENT. RESOLUTION NO. 2004-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING THE SUBDIVISION OF 43.8 ACRES INTO 197 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 31732 - MICHAEL LA MELZA). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2004-013 as amended (amending Condition No. 13(B) to read, "....15 feet --.. --. -- City Council Minutes 19 January 20, 2004 - from the R/W-P/L to provide for the multi-use trail conditioned under STREET AND TRAFFIC IMPROVEMENTS. The perimeter landscaping setbacks along Monroe Street may be an average setback if approved by the City Engineer."; amending Condition No. 53(AH 1 Hb) to read, ".... within the required 22-foot wide combined setback/parkway. The location.....for the first residence. Bonding for the fence.... final map approval. If approved by the City Engineer, the trail may meander within 8 feet of the proposed curb face."; amending Condition No. 53(B) to read, "....to gutter flow line with parking restricted to one side and provided there is adequate off-street parking for residents and visitors...."; adding a condition to require recordation of a notification to residents within the distance specified in the Right to Farm Resolution putting residents on notice about the active farming activities and potential use of chemicals with the content of the notice to be approved by the Community Development Director and City Attorney; adding a condition requiring the project to include recreation amenities for youths of all ages; and adding a condition to require security lighting in the alleyways). Motion carried with Council Member Osborne voting NO and Council Member Perkins ABSENT. 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING .-- A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2003-493 AND TENTATIVE TRACT MAP 31733, A SUBDIVISION OF 127 SINGLE FAMILY LOTS ON 37 ACRES LOCATED AT THE NORTHEAST CORNER OF MONROE STREET AND AVENUE 61. APPLICANT: MICHAEL LA MELZA. Planning Manager Orci presented the staff report, and referenced a memorandum regarding modifications to Condition Nos. 14 and 55. Principal Planner Sawa gave a brief overview of the project. In response to Council Member Sniff, Mr. Sawa stated the site elevation is 70 feet below sea level. In response to Council Member Osborne, Mr. Sawa stated the 10-foot-wide multi-use trail is required to stay within the15-foot-wide landscape setback area. In response to Mayor Adolph, Mr. Sawa confirmed the multi-use trail will be similar to the one on Madison Street with a split-rail fence. .-- The Mayor declared the PUBLIC HEARING OPEN at 8:50 p.m. City Council Minutes 20 January 20, 2004 Sam Lindsey, 74-900 Highway 111, Indian Wells, representing the applicant, stated they are in agreement with the conditions of approval and available to answer questions. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:57 p.m. Council Member Osborne voiced the same traffic and agricultural concerns as he had for the project in Public Hearing Item No.2. Council Member Henderson stated she understands the traffic concerns but noted the project density is less than what the zoning allows and that Monroe Street will be improved. Council Member Osborne noted the traffic generated from these projects will travel farther north on Monroe Street than where these street improvements will be done. He added he also feels the development will not work well in this area because of the adjacent agricultural use and the date plant across the street. Community Development Director Herman advised of the need to add a condition regarding notification of the Right to Farm Resolution. RESOLUTION NO. 2004-014 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-493 PREPARED FOR TENTATIVE TRACT MAP 31733 (MICHAEL LA MELZA) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2004-014 as amended (adding the agricultural notification as a mitigation measure). Motion carried with Council Member Osborne voting NO and Council Member Perkins ABSENT. RESOLUTION NO. 2004-01 5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING THE SUBDIVISION OF 37 ACRES INTO 127 RESIDENTIAL LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 31733 - MICHAEL LA MELZA). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2004-015 as amended (amending Condition No. 14 to read, " ....south ---- City Council Minutes 21 January 20, 2004 r boundary adjusted to be outside of buildable lots prior to approval of the final I map and as approved by the Public Works Department. Any I pipeline.... ..rough grading permit."; amending Condition No. 55(A)( 1 )(b) to I read, ".....within the required average 15-foot wide landscape setback...."; and adding a condition to require recordation of a notification to residents within the distance specified in the Right to Farm Resolution putting residents on notice about the active farming activities and potential use of chemicals with the content of the notice to be approved by the Community Development Director and City Attorney). Motion carried with Council Member Osborne voting NO and Council Member Perkins ABSENT. 4. PUBLIC HEARING TO CONSIDER ADOPTION OF A RESOLUTION ADOPTING PROPOSALS AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICA TIONSTO RIVE"RSIDE COUNTY ECONOMIC DEVELOPMENT AGENCY FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2004/2005. Principal Planner Baker presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 9:18 p.m. .-- Tony Williams, Youth Director for La Quinta Boys & Girls Club-La Ouinta ~ Unit, expressed appreciation for the City's support of the organization. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:19 p.m. RESOLUTION NO. 2004-016 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ADOPTING PROPOSALS, AND AUTHORIZING THE CITY MANAGER TO SUBMIT APPLICATIONS FOR COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR FISCAL YEAR 2004/2005. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2004-016 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. The City Council convened into joint session with the Redevelopment Agency at r- this time. I , City Council Minutes 22 January 20, 2004 5. JOINT PUBLIC HEARING WITH THE LA QUINT A REDEVELOPMENT AGENCY TO CONSIDER ADOPTION OF A RESOLUTION CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2003-494 ON THE PROPOSED REDEVELOPMENT PLAN AMENDMENTS AND ADOPTION OF AN ORDINANCE AMENDING THE REDEVELOPMENT PLAN FOR REDEVELOPMENT PROJECT AREA NO.2 TO INCREASE THE CUMULATIVE TAX INCREMENT REVENUE LIMIT FROM $400,000,000 TO $1,500,000,000. The Mayor declared the PUBLIC HEARING OPEN at 9:20 p.m. Consultant Frank Spevacek presented the staff report. In response to Barbara Thompson, 45-260 Debbie Drive, Mr. Spevacek confirmed the amendment will not increase homeowner taxes. He explained the purpose of the amendment and the boundaries of Redevelopment Project Area No.2. Ms. Thompson recommended similar notifications mailed in the future be written in a way that is clearer for residents to understand. She also stated the notice was not clear about the January 7th meeting being open to the public. ---- There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:34 p.m. In response to Council Member Sniff, Mr. Spevacek confirmed no written objections to the amendment have been received. RESOLUTION NO. 2004-017 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PREPARED FOR THE AMENDMENT TO REDEVELOPMENT PROJECT AREA NO.2. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2004-017 as submitted. Motion carried with Council Member Perkins ABSENT. MOTION - It was moved by Council Members Sniff/Henderson to take up Ordinance No. 399 by title and number only and waive further reading. Motion carried unanimously with Council Member Perkins ABSENT. City Council Minutes 23 January 20, 2004 ORDINANCE NO. 399 ..-- i j AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, . CALIFORNIA, APPROVING AND ADOPTING AN AMENDMENT TO THE REDEVELOPMENT PLAN FOR LA QUINT A REDEVELOPMENT PROJECT AREA NO.2. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 399 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 The City Council recessed to the Redevelopment Agency meeting and to Closed Session as delineated on Page 1. The City Council meeting reconvened with no decisions being made on Item Nos. 2 through 4 in Closed Session which require reporting pursuant to Section 54957.1 - of the Government Code (Brown Act). ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, ~S2f.~ JUNE S. GREEK, City Clerk City of La Quinta, California . -