2006 02 07 CC Minutes
LA GUINTA CITY COUNCIL
MINUTES
FEBRUARY 7, 2006
A regular meeting of the La QuÎnta City Council was called to order at the hour of
2:00 p.m. by Mayor Adolph.
PRESENT:
ABSENT:
Council Members Henderson, Osborne, Sniff, Mayor Adolph
(one vacancy)
PUBLIC COMMENT - None
CLOSED SESSION
Assistant City Attorney Houston announced Item No.1 has been cancelled because
the threat of litigation no longer exists.
1 . Conference with legal counsel pursuant to Government Code Section
54956.9(b) - Threat of Litigation (one matter).
2. Conference with the City's real property negotiator, Douglas R. Evans,
pursuant to Government Code Section 54956.8 concerning potential terms
and conditions of acquisition and/or disposition of real property located
southwest of the intersection of Highway 111 and La Quinta Centre Drive.
Property Owner/Negotiator: Stamko Development Company.
3. Discussion of Assistant City Manager position pursuant to Government Code
Section 54957(bH 1).
Council recessed to the Redevelopment Agency and 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.
PUBLIC COMMENT - None
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February 7, 2006
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS
Nancy Doria, City's representative on the Palm Springs International Airport
Commission, presented an update on the growth and development of the airport.
She encouraged the Council to invite Mr. Walsh, Director of Aviation, to provide a
more-thorough presentation in the future. She confirmed there have been cut-
backs in Federal grant funds to the airport.
WRITTEN COMMUNICATIONS
1. CORRESPONDENCE FROM THE LA QUINT A PLAYHOUSE REGARDING USE
OF THE LIBRARY.
Jo Ann Reeves and Noemi Hane, representing the La Quinta Playhouse,
stated they are asking the City to underwrite the cost of using the
. community room at the library for a children's program.
A fter a brief discussion, Council suggested they work with staff on the
details and present their request at a later date.
2. CORRESPONDENCE FROM CALIFORNIA STATE UNIVERSITY SAN
BERNARDINO, PALM DESERT CAMPUS, REGARDING PARTICIPATION IN A
CHARITY GOLF TOURNAMENT.
Council concurred to direct staff to send a letter of appreciation for the
invitation but declined to participate in the golf tournament.
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Osborne to approve the City
Council Minutes of January 17, 2006, as submitted. Motion carried unanimously.
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February 7, 2006
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED FEBRUARY 7,2006.
2. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE FRANK
SINATRA COUNTRYWIDE CELEBRITY INVITATIONAL GOLF TOURNAMENT
TO BE HELD FEBRUARY 24-25, 2006, AT THE INDIAN WELLS COUNTRY
CLUB. (RESOLUTION NO. 2006-010)
3. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
MAP 32879, GRIFFIN RANCH, GRIFFIN RANCH AND McCOMIC-GRIFFIN.
(RESOLUTION NO. 2006-011)
4. DENIAL OF CLAIM FOR DAMAGES FILED BY ELMS EQUIPMENT RENTAL,
INC. VS. THE CITY OF LA QUINTA - DATE OF LOSS: APRIL 12, 2004.
5. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PUBLIC WORKS
DIRECTOR/CITY ENGINEER TO ATTEND THE PUBLIC WORKS OFFICERS
INSTITUTE TO BE HELD IN SAN DIEGO, CALIFORNIA, MARCH 1-3, 2006.
6. APPROVAL OF CONTRACT CHANGE ORDER NO.8, PROJECT NO.
2001-06, EISENHOWER DRIVE BRIDGE AND DRAINAGE IMPROVEMENTS.
70 AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY
DEVELOPMENT DIRECTOR TO ATTEND THE AMERICAN PLANNING
ASSOCIATION NATIONAL CONFERENCE TO BE HELD IN SAN ANTONIO,
TEXAS, APRIL 22-26, 2006.
80 APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PSOMAS
FOR CONSTRUCTION INSPECTION SERVICES.
9. APPROVAL OF REQUEST FOR PROPOSALS (RFP) FOR VOICE-OVER IP
TELEPHONE COMMUNICATION SYSTEM AND UNIFIED VOICE MESSAGING
SYSTEM AND APPROPRIATE FUNDING.
10. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE HISTORIC
PRESERVATION COMMISSION AND PRINCIPAL PLANNER TO ATTEND THE
31sT ANNUAL CALIFORNIA PRESERVATION CONFERENCE TO BE HELD IN
SACRAMENTO, CALIFORNIA, APRIL 20-22, 2006.
11 . APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH PW
CONSTRUCTION, INC. TO PROVIDE CONSTRUCTION MANAGEMENT
SERVICES FOR THE CITY HALL EXPANSION, PROJECT NO. 2001-01.
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February 7, 2006
12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE COMMUNITY
SERVICES DIRECTOR TO ATTEND THE CALIFORNIA PARKS AND
RECREATION SOCIETY CONFERENCE IN ONTARIO, CALIFORNIA, MARCH
16-18, 2006.
13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE PLANNING
COMMISSION AND STAFF MEMBER TO ATTEND THE LEAGUE OF
CALIFORNIA CITIES PLANNERS INSTITUTE TO BE HELD IN MONTEREY,
CALIFORNIA, MARCH 22-24, 2006.
14. DENIAL OF CLAIM FOR DAMAGES FILED BY KENNETH DZIEN - DATE OF
LOSS: APRIL 7, 2005.
15. APPROVAL OF THE FACILITY USE POLICY REVISION.
16. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR PARCEL
MAP 33960, KOMAR INVESTMENTS. (RESOLUTION NO. 2006-012)
MOTION - It was moved by Council Members Sniff/Henderson to approve
the Consent Calendar as recommended with Item Nos. 2, 3, and 16 being
approved by RESOLUTION NOS. 2006-010 through 2006-012 respectively.
Motion carried unanimously.
BUSINESS SESSION
1. CONSIDERATION OF LOCAL DISASTER RELIEF.
City Manager Genovese presented the staff report.
Pam Anderson and Sandy Lawry, 41-952 Corporate Way, Palm Desert,
representing the American Red Cross, spoke regarding the relief funds the
local office used to assist Hurricane Katrina victims, and indicated they are
looking for additional funds to set aside in their disaster relief fund for local
use.
Council Member Sniff spoke in support of the request.
Council Member Henderson stated she is somewhat challenged with this
request, as well as giving the La Guinta Playhouse free use of the library.
She indicated she cannot support this request because it is not budgeted,
and would come from the General Fund Reserves Account.
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February 7, 2006
Council Member Osborne commented on the funds being used locally, and
indicated he would support the request.
Mayor Adolph concurred.
MOTION - It was moved by Council Members Sniff/Osborne to approve a
$ 5 ,000 donation to the American Red Cross-Riverside County Chapter for
their local disaster relief fund with funds to come from the General Fund
Reserves. Motion carried with Council Member Henderson voting NO.
2. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS.
There were no changes to the staff report as submitted and on file In the
City Clerk's Office.
Marlene McNulty, representing Quilting For Good Times, requested Council
approve their request, and indicated the sewing machines would be available
for use at the Senior Center.
In response to Council Member Henderson, City Manager Genovese stated
staff can verify that sufficient storage space exists for the machines at the
Senior Center.
Council Member Henderson suggested staff work out some details In an
agreement for use of the machines.
Tracy Rutledge, representing La Quinta Desert Gold, stated the funding
would, primarily, be used for field-use fees.
Council Member Osborne noted lighting fees at the sport fields were recently
reduced"
In response to Council Member Henderson, Mr. Rutledge stated 9 of the 12
team members are from La Quinta.
Recreation Supervisor Ambriz explained the difference between A YSO teams
and traveling teams, and why the field-use fee applies only to traveling
teams.
Mr. Genovese explained the primary difference is recreational play versus
competition play. A YSO teams allow all team members to play but that is
not the case on traveling teams.
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February 7, 2006
Council Member Henderson stated she would agree with a reasonable
amount for lighting costs.
Mr. Ambriz indicated staff would need a game schedule to determine the
lighting costs.
Joey Acuna, representing the Coachella Valley Unified School District-21st
Century After School Program, briefly reviewed the program and requested
approval.
Michael Gates, representing the La Ouinta High School Girls Tennis Team,
indicated they need funding to help cover the costs of uniforms, travel, and
nets for the tennis courts.
Mayor Adolph stated he feels the School District should cover the cost of
the nets.
Se Layne, representing Palm Canyon Theatre, confirmed the funding would
be used for scholarships for La Ouinta children.
Paul Bluto, representing the La Ouinta High School Band Boosters, stated the
funding would be used for a down payment on new band uniforms. He
indicated the current style does not prominently display the name of the
school on the uniform. He stated the School District covers the first set of
uniforms, and the Booster Club does fundraisers for future uniforms.
Peter Nelson, 78-885 Aurora Way, stated the Boosters try to keep the costs
down so more students can participate.
Judy Hardman, representing Friends of the Desert Mountains, stated she
realized, after reviewing the overview in the staff report, that they do not
qualify for funding at this time because of the consecutive-year funding
limitation.
Council Member Sniff suggested sufficient funds be transferred from the
General Fund Reserves Account to cover $2,000 grants for all six
organizations.
Council Member Osborne agreed, and noted the transferred amount would
be approximately $6,646.
Mayor Adolph commented on the Palm Springs Theater being somewhat in
competition with what the City is already supporting, but stated he doesn't
have a problem with the suggestion.
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February 7, 2006
Council Member Henderson commented she feels the Council would be
overlooking the purpose of the program and oversight on the Special Projects
Contingency Fund if $ 2,000 is approved for La Quinta Desert Gold without
knowing the lighting costs. She basically supports increasing the funding
level to cover $2,000 each for the Quilting For Good Times, Coachella Valley
Unified School District/21 st Century Program, La Quinta High School Tennis
Team, and La Quinta High School Band Boosters, and $1,000 for the Palm
Canyon Theater. She stated she anticipates the La Quinta Playhouse coming
back with a funding request, and would like to help them with some level of
funding.
Council Member Sniff stated he stands by his original suggestion.
In response to Council Member Henderson, Mr. Ambriz stated the La Quinta
Desert Gold request is for uniforms, equipment, and registration fees, as well
as for lighting and field-use fees.
MOTION - It was moved by Council Members Sniff/Osborne to direct staff
to transfer sufficient funds from the General Fund Reserves to the Special
Projects Contingency Account to cover the following Community Services
Grant requests: Quilting for Good Times, $2,000; La Quinta Desert Gold,
$2,000; Coachella Valley Unified School District/21st Century Program,
$2,000; La Quinta High School Tennis Team, $2,000; Palm Canyon Theater,
$2,000; and La Quinta High School Band Boosters, $2,000. Motion carried
unanimously.
STUDY SESSION- None
REPORTS AND INFORMATIONAL ITEMS
Animal Campus Commission - Council Member Henderson invited everyone to
attend the grand opening for the new Animal Campus on Thursday 1 February 9,
2006.
CV AG Human Community Resources Committee - Council Member Osborne
reported the Committee is continuing to look at the homeless shelter issue, and
discussing the bird flu and germ warfare. He referenced the need to find out if the
City's Fire Department is being trained on emergency ventilation equipment.
Multi-Species Habitat Conservation Ad-hoc Committee Council Member
Henderson reported the agencies met last Friday, and came closer to resolving
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February 7, 2006
issues with the plan. Although it's not a perfect plan, they feel they can live within
it and make it work.
Mayor Adolph reported the Executive Committee approved the plan, and extended
the review period. He added the cities also have the right to propose amendments.
A motion was also approved to have CV AG staff look into the possibility of small
property owners (30 to 40 acres) having the right to petition exclusion from the
zone if no species exist on their properties.
Community Development Director Evans pointed out the cities will be able to vote
IIYes" or IINo" on the plan but any amendments would have to be processed for
future consideration and be approved by all agencies. He noted if one city votes
IINo," there will be no plan.
In response to Council Member Osborne, Mr. Evans stated the core areas of the
conservation plan have been in place for six or seven years.
CV AG Public Safety Committee - Council Member Henderson referenced
upcoming training sessions in March for Emergency Medical Operations and
Planning for Weapons of Mass Destruction.
C. V . Mosquito and Vector Control District Mayor Adolph commented on the
need to appoint a representative to the District.
Jacqueline Cochran Regional Airport Authority - Council Member Osborne
reported that at their last meeting, they discussed the success of the air show and
the problems related to. parking.
League of California Cities - Council Member Henderson stated they will be
discussing arrangements at their next meeting for the General Meeting in March
that will be held in the City of La Ouinta.
Palm Springs Desert Resorts Convention & Visitors Authority - Council Member
Henderson announced the annual luncheon will be held February 23rd. She also
referenced a marketing meeting held January 27th, wherein feedback was received
from various organizations in the community as to how they feel about their city.
City Manager Genovese noted all of the Council Members were not invited to the
January 27th meeting because of the Brown Act noticing requirements.
Riverside County Transportation Commission - Council Member Henderson
reported funds have been shifted at the County level to keep the Highway 60
Widening Project on track.
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February 7 f 2006
San Jacinto/Santa Rosa National Monument Advisory Committee - Council
Member Henderson commented she is anxious for the Council Members to view
the video, and announced an open house will be held at the Visitor's Center
February 18th at 9:00 a.m.
SunLine Transit Agency - Mayor Adolph reported SunLine has agreed to put a cap
on the number of taxicabs in the Valley.
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All other reports were noted and filed.
DEPARTMENT REPORTS
1-Bo BUILDING INDUSTRY ASSOCIATION (BIA) DESERT CHAPTER MEETING
INVITATION.
Mayor Adolph requested Council Members check their calendars and get
back with the City Manager's office to schedule a luncheon meeting.
1-C. REPORT REGARDING IMPROVEMENTS TO THE PALM ROYALE EXTENSION
IN CONNECTION WITH THE DARBY MIDDLE SCHOOL PROJECTo
City Manager Genovese presented the staff report, and stated staff is
recommending Option 1. He noted agreements would have to be made with
each of the property owners.
Council Member Osborne indicated he has a potential conflict of interest with
this issue due to the close proximity of his property to this site, and he left
the dais.
Ian Rhodes, 43-905 Milan Court, spoke in support of Option 1. He voiced
concern about dust control and safety issues while the wall is being
constructed.
Council Member Henderson noted everything will be addressed In the
agreements between the City and the property owners.
In response to Mayor Adolph, Public Works Director Jonasson stated staff
has not been in contact with the property owner that lives between Mr.
Rhodes' and Mr. Arthur's properties.
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February 7, 2006
Scott Arthur, 43-845 Milan Court, stated he and the neighbor in the middle
support Option 2, and he noted all of the expenses under Option 1 are not
spelled out. In referencing the City Manager's comment about lIthe City will
try to bring the properties back to where they were as best we can," he
stated that is not good enough for him, and he does not want his property
disturbed. He also feels the expense and inconvenience of Option 1 does
not gain enough to do any good. He stated this issue began with a security
concern for the people and their properties, and urged Council to focus on
what is good for the property owners and not the retention basin.
Mr. Jonasson reviewed the easement along the roadway, and indicated the
School District will be responsible for landscaping and maintaining the
retention area. He clarified the intent was for the design of the wall at the
property line to be the same as a 6-foot high wall at the back of the right-of-
way. He added the wall will be 10-feet high and not 8-feet high as indicated
in the staff report.
Mr. Genovese confirmed the cost of Option 1 would probably be higher than
Option 2 but staff feels it will be a safer arrangement for the neighborhood.
In response to Council Member Henderson, Mr. Jonasson stated the distance
between the road and the wall ranges from 50 to 20 feet from back of curb.
He indicated the right-of-way is 1 5 feet behind face of curb, and confirmed a
free-standing wall could be built anywhere within that 1 5 feet.
Council Member Henderson stated she tends to agree the wall should not be
built where it currently exists but is not satisfied with the proposal. She
asked about the possibility of getting the School District to deed over the
land.
Mayor Adolph suggested putting a fence across the south end of the
retention basin and gravel between the wall and the property owners'
existing wall.
Mr. Genovese noted there would still be a security concern if an access area
exists between two walls.
Mr. Arthur noted there was discussion, at one point, about putting a
secondary wall behind the existing wall.
Mayor Adolph pointed out it wasn't included as an option because the
secondary wall would be on School District property.
Mr. Arthur stated he views the area between the two walls as a buffer zone.
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Council Member Henderson suggested putting a committee together to talk
to the School District to see if they would be receptive to the secondary wall
idea.
Mr. Genovese stated he would contact the School District, and try to set up
a meeting between them and the School Ad Hoc Committee. He noted an
alternate on the ad hoc committee will be needed to stand in for Council
Member Osborne.
2. CITY ATTORNEY REPORT ON THE COUNCIL VACANCY.
Assistant City Attorney Houston referenced Council Member Perkins'
resignation that was effective February 2, 2006, and advised the Council has
30 days to appoint someone to fill the unexpired term or to call a special
election on a regularly-scheduled election date. He noted action to call a
special election would need to be done at the February 21 st City Council
meeting in order to meet the requirement of calling the special election no
less than 114 days prior to the June 6th election date. He stated the 30-day
period expires March 4th. The Council can choose to take action at the
February 21 st Council meeting or schedule a special meeting.
Council Member Sniff stated he feels a special meeting would be better if the
Council considers applications, and that the applicants should be allowed to
make a presentation. He noted the Council doesn't have to make an
appointnlent but suggested both options be before the Council at the
February 21 st Council meeting.
Mr. Houston noted if the Council decides at a special meeting to place the
matter on the November ballot, the replacement for the unexpired term
would be in the same election as the future term. The replacement would
then serve for approximately three weeks until the election results are
certified and the new Council Member is sworn in. He confirmed a newly-
elected Council Member is elected on the date of certification but it is not
official until he/she is sworn in. He stated should the Council decide to make
an appointment, they can consider and interview applicants at the same
meeting" He further advised the Government Code cannot force the Council
to make a decision. If a decision can't be reached, the vacant seat would
remain unfilled unless the matter is brought back up by the Council.
Joe Broido questioned why this matter is not on the agenda for action today,
and urged the Council to address the issue promptly.
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February 7, 2006
Mr. Houston explained the matter could not be placed on the current agenda
because of Brown Act posting requirements, and that the matter would be
placed on the next Council agenda.
Council recessed to and until 7 :00 P.M.
7:00 P.M.
PUBLIC COMMENT
Lori Fahwestock, 80-065 Vista Grande, inquired about the status of the Jefferson
Street improvements as it relates to the emergency access gate for the apartments.
Mayor Adolph stated when he and Council Member Sniff met last week with the
Mayor and Mayor Pro-Tem of the City of Indio, they indicated they would take the
issue back to the City of Indio to see if this can be resolved.
City Manager Genovese stated the City has sent a letter to the City of Indio
demanding removal of the easement improvements made without authorization
from the City of La Quinta.
Assistant City Attorney Houston stated the attorney for the City of Indio has
indicated he will recommend they remove the improvements and seek an
encroachment permit.
Mayor Adolph indicated he has also requested consideration of a second gate in the
City of La Ouinta's right-of-way.
PRESENTATIONS - None
PUBLIC HEARINGS
1. PUBLIC HEARING TO: 1) ADOPT A RESOLUTION APPROVING VILLAGE
USE PERMIT 2005-032 TO ALLOW CONSTRUCTION OF A 19,433±
GROSS SQUARE-FOOT, TWO-STORY OFFICE BUILDING WITH A COFFEE
HOUSE; AND 2) ADOPT AN ORDINANCE APPROVING A DEVELOPMENT
AGREEMENT FOR A PARKING MANAGEMENT PROGRAM FOR PROPERTY
LOCATED IN THE VILLAGE AT LA QUINTA AT THE NORTHWEST CORNER
OF AVENIDA LA FONDA AND MAIN STREET (ACROSS FROM THE CITY'S
PUBLIC LIBRARY).
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February 7, 2006
Associate Planner Nesbit presented the staff report.
In response to Council Member Henderson, Mr. Nesbit stated the project is
short 1 9 on-site parking spaces, and the off-site parking would
accommodate 12-1 5 parking spaces. Staff is recommending modifications
to the west side of Main Street that would include replacing the curb line
approximately four feet back. He confirmed the plan will involve a
contribution to the parking mitigation fund.
Council Member Henderson voiced concern about on-street parking In front
of the library.
Community Development Director Evans confirmed a considerable amount of
planning is yet to be done regarding the on-street parking. Since this project
is primarily office space, he feels it should be easy to monitor the library
parking lot.
Council Member Osborne inquired about the status of the parking study, and
where the 19 short parking spaces would be located.
Mr. Evans stated the consultant has started work on the statistical analysis.
He noted under the Development Agreement, the developer is required to
pay a mitigation fee of $1 2,000 per parking space not provided onsite, but
the fee will be adjusted if needed after the parking study is completed. The
parking study should be completed in two to three months. He indicated the
$1 2,000 per parking space fee is based on information staff received from a
company that designs parking structures. As for the 19 parking spaces, he
explained the parking fee would be used to participate in the current City-
owned facilities or facilities built in the future.
Council Member Osborne voiced concern about allowing the developer to
move forward with a shortage of parking spaces when the cost and location
of additional parking is unknown.
Mr. Evans noted the parking mitigation fee agreement was derived to
address the shortage of parking spaces that has been an issue for some
time.
Council Member Osborne referred to previous complaints in Old Town about
insufficient parking, and voiced concern about the tenants in this
development doing the same.
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February 7, 2006
Mr. Evans indicated an issue that will be addressed with the parking
consultant is using parking to create pedestrian activities to avoid having
people park in front of a particular store and not visit other stores.
Council Member Osborne noted land costs for potential parking areas
continues to increase.
Mayor Adolph asked about the distance between the sidewalk and the
building, to which Mr. Nesbit responded, "10 feet." He also voiced safety
concerns about the double doors swinging inward at the coffee shop.
Mr. Evans noted the exit details are not being addressed for approval at this
time.
Council Member Henderson commented on the need for a mandatory parking
plan for employees, which she noted wasn't done for Old Town and it has
resulted in a parking problem.
Mr. Evans stated that can be added as a condition of approval to the Village
Use Permit.
The Mayor declared the PUBLIC HEARING OPEN at 7:34 p.m.
Steve Nieto, 78-1 20 Calle Estado, architect with Southwest Concepts,
stated he believes the inward swinging doors would be allowed because the
tenant areas are only 900 square feet. He stated they anticipate a lot of
pedestrian traffic from nearby facilities, and noted street parking was a
recommendation by the Planning Commission. They prefer paying for street-
parking improvements in front of the building as opposed to paying a parking
mitigation fund for parking spaces on Avenida Bermudas. He doesn't
anticipate having a parking problem because the project is primarily office
use, and he noted parking problems in the Village occur primarily at night
because of restaurallt use.
In response to Mayor Adolph, Mr. Nieto stated the wrought-iron railings will
have some ornamental detail and the grid work will be a stone veneer.
Mayor Adolph suggested adding a tile mansard to the carport to enhance the
aesthetics. Mr. Nieto stated their intent was not to clutter the rear
elevations with elements but they will take a look at it.
Bob Hill, 58-473 Quarry Ranch Road, the applicant, stated they prefer having
the architectural elements of the front of the building left exposed, and hope
on-street parking can be provided. They question a contribution to a parking
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February 7, 2006
structure on A venida Bermudas being a direct benefit to this project or its
tenants, and hope the parking fund will be used to provide something closer,
Council Member Henderson asked if they are willing to develop a pedestrian
crossing in front of the building. Mr. Hill stated they are willing to cooperate
in developing it but need further clarification as to what it entails.
Mayor Adolph inquired about the location of the utility boxes, and Mr. Hill
indicated they will be concealed.
Rob Capetz, 78-810 Citrus, noted office use will not produce as much traffic
as retail does in Old Town. He stated they prefer widening the street for on-
street parking instead of contributing to a parking structure that will not
benefit their tenants. He requested that the development agreement be
waived if they are only four parking spaces short. He stated they do not
have a problem with the general public using their parking area at night, but
don't feel they should have a deed restriction on the property.
Council Member Henderson pointed out none of the developers contributing
to a parking mitigation fund will have the missing parking spaces provided
close to them. However, a variety of smaller parking spaces around the City
will be provided, and it may become necessary for the employees to park in
those areas,
Mr. Capetz stated he understands the parking study consultant has found
the parking issue is not that bad.
In response to Council Member Henderson, City Attorney Houston advised
the purpose of the deed restriction is because the developer is using
Redevelopment Agency parking lots to credit against a deficiency in parking
under the Zoning Code for the use of the property. He feels it makes sense
for the City to have a reciprocal agreement to allow public parking on those
sites during periods of intensity of use.
Mr. Evans noted that without a deed restriction, a future owner of the
property could barricade it at night, and not make the parking available for a
public event at the Civic Center Campus. He encouraged Council to look at
the long-term parking needs for special events. He confirmed an agreement
with the current owner would not necessarily transfer to a new owner.
Mr. Houston advised the deed restriction is also for the property owner's
protection, He indicated an alternative would be to record a Memorandum of
Development Agreement on the property that would outline restrictions on
the property and reference a particular document approved by the City.
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February 7, 2006
Mr. Hill noted deed restrictions are onerous to take to lending institutions.
In response to Council Member Osborne, Mr. Hill stated they do not have a
problem restricting employees from using the on-street parking.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 8:02 p.m.
Public Works Director Jonasson noted the City has refrained from putting
restrictions on street parking because of enforcement. As for employee
parking, staff is looking at the potential of certain rights for employees to
park in the public right-of-way.
Mr. Evans stated the deed restriction conveys that the developer has paid
the parking mitigation fee, and is a public document that verifies the property
is conforming for parking purposes. He suggested having the Assistant City
Attorney revise the document and bring it back to Council for review during
second reading of the ordinance.
Mr. Houston stated staff will handle the matter with a Memorandum of
Satisfaction of Covenants.
Council Member Osborne commented on the possibility of the developer
enforcing employee parking through their tenant agreements.
RESOLUTION NO. 2006-013
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A,
CALIFORNIA, APPROVING THE DEVELOPMENT OF A 19,433 ± GROSS
SQUARE FOOT COMMERCIAL OFFICE BUILDING WITH 935 SQUARE FOOT
COFFEE BAR, INCLUSIVE OF A DEVELOPMENT (VILLAGE USE PERMIT
2005-032 - NISPERO PROPERTIES, INC.)
It was moved by Council Members Henderson/Sniff to adopt Resolution No.
2006-013 as amended (with the addition of an employee parking plan).
Motion carried unanimously.
MOTION - It was moved by Council Members Henderson/Sniff to take up
Ordinance No. 426 by title and number only and waive further reading.
Motion carried unanimously.
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February 7, 2006
ORDINANCE NO. 426
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, APPROVING DEVELOPMENT AGREEMENT 2005-009 BY AND
BETWEEN THE CITY OF LA QUINTA AND NISPERO PROPERTIES, INC.
It was moved by Council Members Henderson/Osborne to introduce
Ordinance No. 426 on first reading. Motion carried by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Council Members Henderson, Osborne, Sniff, Mayor Adolph
None
None
(one vacancy)
DEPARTMENT REPORTS. . . . . . . . . . continued
6-A. FRED WOLFF NATURE PRESERVE DEDICATION CEREMONY.
Council concurred with scheduling the dedication ceremony of the Fred Wolff
Nature Preserve on March 18, 2006, at 3:00 p.m.
* * * * * * * * * * * * *
Mayor Adolph commented on the recent dedication ceremony for the new Fire
Department Ladder Truck.
MAYOR AND COUNCIL MEMBERS' ITEMS
Council Member Henderson suggested staff be directed to plan an appropriate
reception and plaque for newly-resigned Council Member Perkins. Council
concurred.
Council Member Sniff suggested the plaque include three or four major items that
Council Member Perkins was involved with on the City Council, such as the move
to become a Charter City and enhanced law enforcement services.
* * * * * * * * * * * *
Mayor Adolph announced he and Mayor Pro-Tern Sniff had a very positive meeting
with the Mayor and Mayor Pro-Tem from the City of Indio.
City Council Minutes
18
February 7, 2006
Council recessed to the Redevelopment Agency meeting.
The City Council reconvened and recessed to Closed Session as delineated on
Page 1.
The City Council meeting was reconvened with no decisions being made in Closed
Session which require reporting pursuant to Section 54957.1 of the Government
Code (Brown Act).
ADJOURNMENT
There being no further business, the meeting was adjourned.
Respectfully submitted,
I::~l:x:",-a_k_..p~~ f....-
JUNE S. GREEK, City Clerk
City of La Quinta, California
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