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2006 05 02 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 2, 2006 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: ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED SESSION Council Member Osborne did not participate in Item No. 1 due to a potential conflict of interest caused by the possibility that one of his clients may become involved in this matter. 1. Conference with the City's real property negotiator, Thomas P. Genovese, pursuant to Government Code Section 54945.8 concerning potential terms and conditions of acquisition and/or disposition of real property located at the northwest corner of Calle Tampico and Desert Club Drive. Property Owner/Negotiator: Chicago Title. 2. Conference with labor negotiators, Ski Harrison, Michael O'Connor, and John Ruiz, regarding negotiations with the La Quinta City Employees Association pursuant to Government Code Section 54957.6, Meet and Confer Process. 3. Conference with legal counsel pursuant to Government Code Section 54956.9(c). 4. 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 Center Drive. Property Owner/Negotiator: Stamko Development Company. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. City Council Minutes 2 May 2, 2006 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT Richard Pierce, 52-625 Avenida Alvarado, requested a six to eight-month extension on a Code Compliance warning notice he received to landscape the area between the curb and his wall. Mayor Adolph referred him to Building & Safety Director Hartung. * * * * * * * * * * * Rick Robinson, resident of The Palms, referenced a letter he wrC?te to Council about the need for the median on Airport Boulevard to be landscaped. He requested it be included in the Developer Impact Fee (DIF) program. City Manager Genovese stated it will be included in the DIF discussions within the next two months, and if approved to be included, could be added to the Capital Improvement Program. CONFIRMATION OF AGENDA City Manager Genovese requested Consent Item No.6 be pulled from the agenda. ~e indicated it will tentatively be rescheduled for the May 1 6 meeting. ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented a proclamation to Ms. Halle Fetty in honor of Motorcycle Awareness Month. WRITTEN COMMUNICATIONS - None - ---'--- -- -"--"-- _.._~-~ ..-.---- ---.----.---- ------ ~ - --- .----.- -- City Council Minutes 3 May 2, 2006 APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Kirk to approve the City Council Minutes of April 18, 2006, as amended (various typographical errors on Pages 16, 18, 35, and 41). Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 2,2006. 2. ACCEPTANCE OF CAPITAL IMPROVEMENT PROJECT NO. 2000-11-A, LA QUINTA PARK INTERACTIVE WATER FEATURE. 3. APPROVAL OF A CONTRACT FOR VOICE OVER INTERNET PROTOCOL TELEPHONE COMMUNICATION SYSTEM AND UNIFIED MESSAGING SYSTEM. 4. APPROVAL OF A REQUEST BY THE RIVERSIDE COUNTY PROBATION DEPARTMENT TO UTILIZE THE CITY COUNCIL CHAMBERS FOR A JUVENILE JUSTICE DELINQUENCY PREVENTION COMMITTEE MEETING ON TUESDAY, MAY 9, 2006,12:30 P.M. TO 4:00 P.M. 5. APPROVAL OF RATIFICATION OF A CONTRACT WITH MOCON CORPORATION BY THE CITY MANAGER FOR THE MORRIS AVENUE STORM DRAIN REPAIR. 6. APPROVAL TO AWARD A CONTRACT TO DBX, INC. FOR THE CONSTRUCTION OF THE DUNE PALMS ROAD AT WESTWARD HO DRIVE STREET IMPROVEMENTS, PROJECT NO. 2004-07A. (This item was pulled from the agenda - see Confirmation of 'Agenda.) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No.6. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF ELECTION RESOLUTIONS PERTAINING TO THE GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006. City Council Minutes 4 May 2, 2006 There were no changes to the staff report as submitted and on file in the City Clerk's Office. RESOLUTION NO. 2006-043 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2006-043 as submitted. Motion carried unanimously. RESOLUTION NO. 2006-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 7, 2006 WITH THE STATEWIDE GENERAL ELECTION TO BE HELD ON THE DATE PURSUANT TO §10403 OF THE ELECTIONS CODE. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2006-044 as submitted. Motion carried unanimously. 2. CONSIDERATION OF COUNCIL MEMBER OSBORNE'S REQUEST FOR" RECONSIDERATION OF A PUBLIC HEARING TO CONSIDER RESOLUTIONS CERTIFYING ENVIRONMENTAL ASSESSMENT 2005-557 AND APPROVING TENTATIVE TRACT MAP 34243, THE SUBDIVISION OF 20± ACRES INTO 70 SINGLE FAMILY LOTS LOCATED ON THE NORTH SIDE OF "AVENUE 58, 1000 ± FEET WEST OF MADISON STREET. Community Development Director Evans presented the staff report. Council Member Osborne stated he requested reconsideration of this item because he feels the reduced number of lots creates a substantial economic problem for the developer. He believes the applicant's proposed number of lots will work, and is more concerned about Council creating a better vision for this area as opposed to generic zoning of 2-4 units per acre. --.... -_.~......._- City Council Minutes 5 May 2, 2006 Council Member Sniff stated he supports the reconsideration. He feels the arbitrary change was not fair to the developer who planned a project based on the City's zoning regulations. Council Member Henderson stated she doesn't support the reconsideration. She feels Council has the right to look at the zoning of projects, and noted the regulations allow "up to" 4 units per acre, not an entitlement to the full amount. She voiced concern that reopening this project might give the Blake Jumper project the right to also expect reconsideration since one lot was eliminated from their tract. She believes this project will work as approved and not go away because it lost four units. In response to Council Member Kirk, City Attorney Jenson advised a motion to reconsider would essentially undo the prior approval, and allow changing of the conditions of approval. Council Member Kirk stated he agrees Council has discretion but he is also sensitive to the need to be fair to developers. He questioned developers expecting approval of maximum density, and noted this developer didn't request the maximum. He stated his support for reconsideration should not be considered potential support of higher densities because he feels Council should be tough on higher densities in the southeast portion of the City. Should this item come back for reconsideration, he would like Council to address a remark made after the last Council meeting regarding densities being even lower for an applicant's project west of the Lions Gate development. He noted the reconsideration should be properly noticed so the neighboring property owners, who may think this issue was settled, are aware of the reconsideration. Mayor Adolph stated he supports low density but not making zone changes after developers have gone through the Architecture & Landscaping Review Committee, and the Planning Commission. He wouldn't have a problem denying requests if the developers are aware upfront about Council's desire for lower densities in this area. MOTION - It was moved by Council Members Sniff/Kirk to reconsider the motion approving Innovative Communities' subdivision with 66 lots (Resolution No. 2006-040), and direct staff to agendize the issue for the May 16, 2006 City Council meeting. Motion carried unanimously. STUDY SESSION - None City Council Minutes 6 May 2, 2006 REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson invited everyone to participate in the II Adoptathon and Cinco de Mayo Celebration" at the animal shelter May 5-7, 2006. CVAG Human & Community Resources Committee - Council Member Osborne reported the Committee is continuing to look at the homeless shelter issue. CV AG Executive Committee - Mayor Adolph stated the Committee has been asked to support SB1557 regarding golf courses and parks utilizing the canal system and reclaimed water. They also discussed the tobacco retail licensing issue, and the County has indicated that they will not be sharing the license fee revenue with the cities. He has questions about the issue but supported forwarding it to the cities so they can determine how they feel about the issue. A brief discussion ensued wherein Council Member Osborne noted the Cities of Palm . Desert, Rancho Mirage, and Indian Wells and the County have approved the issue over the last few years. In response to Council Member Sniff, City Attorney Jenson stated the Mayor has asked her to look into the licensing issue, and potential for retail businesses to lose their permit instead of criminal sanction for violating the law. Chamber of Commerce/Information Exchange Committee - Council Member Henderson noted the Council has received the minutes from the last meeting. C. V. Conservation Commission - Council Member Sniff commented on the Commission's power, and the need for it to be properly staffed and monitored ~o it serves a purpose without becoming a danger to the cities. C. V. Mosquito & Vector Control District - In response to Mayor Adolph, City Manager Genovese stated the City continues to receive correspondence from the District, and he has requested copies of the meeting minutes. Jacqueline Cochran Regional Airport Authority - Council Member Osborne commented on the amount of growth at the airport, and the challenges it faces. He stated he feels it's important to have an overall operating plan so everyone is working toward the same goal instead of having disputes over services. In response to Council Member Sniff, he stated the Cities of Palm Desert, Indian Wells, La Quinta, Coachella, and Indio are members of the JPA, along with the County. ----_.._--~...._._..- - --_._~-~---- - - -- -- ---- - ~- -------- ---- ----..- --- City Council Minutes 7 May 2, 2006 Council Member Henderson stated the airport already has a master plan agreement and operating agreement but the JPA may need to schedule a study session to discuss them. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson reported a preliminary draft of the sales marketing plan has been considered but amendments are still being made. At the JPA level, they approved the plan, which is sticking with "Give in to the Desert," and they have approved a preliminary budget. Riverside County Desert Library Zone Advisory Board Council Member Henderson indicated they have a meeting scheduled for May 24, and she anticipates they will start meeting quarterly. Riverside County Transportation Commission - Council Member Henderson referenced an article in the Press Enterprise regarding transportation issues, including the proposed tunnel between Temecula and Orange County. She stated it appears the agencies have agreed to an operating agreement instead of a JPA . SilverRock Subcommittee - Council Member Osborne stated the subcommittee discussed various subjects, including the perimeter landscaping. He suggested, the perimeter landscaping come back to Council to consider beefing it up because he doesn't feel it represents the quality inside the resort. He added nothing has been received from the PGA Tour regarding the Bob Hope Chrysler Classic being held at SilverRock, and reported the soil stabilization project seems to be doing well. Council Member Sniff expressed fire danger concerns about the barley used for soil stabilization. Golf & Parks/Landscape Manager Howlett noted the main purpose of the barley is to create a ground cover. Council Member Kirk stated he supports the perimeter landscaping coming back to Council because he also has concerns about it. City Manager Genovese stated the issue will come back as a preliminary item for further direction. Council Member Sniff requested the fencing, entrance, and sign be included in the discussion. Investment Advisory Board Minutes - Council Member Osborne referenced concern he has expressed to the I nvestment Advisory Board about the rate of return on the City's cash investments, and his suggestion they look at other means to improve it besides a professional money manager. He noted the lAB meeting minutes indicate they don't feel anything can be done unless a professional money City Council Minutes 8 May 2, 2006 manager is hired, and don't see a need to get back to Council on this issue. He stated he is discouraged about their lack of discussion and lack of appreciation for some of the Council Members' concerns for the low rate of return. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 1 . CITY MANAGER. City Manager Genovese introduced Michael 0' Connor as the new Assistant City Manager, and expressed appreciation to the management analysts who stepped in to help while the position was vacant. 3-8. REPORT REGARDING SCHEDULING OF THE CITY COUNCIL MEETING OF JULY 4, 2006 AND SUMMER SCHEDULE FOR 2006. City Clerk Greek presented the staff report. Council Member Henderson noted the Council has previously cancelled one meeting in August and one meeting in September, and suggested Council consider doing that again. Council concurred to move the July 4th City Council meeting to July 5th. Council Member Sniff suggested City Hall be closed on Monday, July 3rd. Mayor Adolph stated he doesn't have a problem with it. Council Member Henderson referenced a legal concern that arose in Los Angeles County about it being a gift of public funds. She also· noted if City Hall is closed on Monday it wouldn't allow Council an opportunity to meet with staff prior to the Council meeting. Council Member Sniff stated he didn't see that as a problem. Regarding the summer schedule, he indicated he would support canceling one meeting and suggested September 5th. Council Member Kirk suggested canceling two meetings and considering in August if the September 5th meeting should be rescheduled. He noted --- - -- ----- City Council Minutes 9 May 2, 2006 canceling the meetings would probably give staff an opportunity to catch up on some of the workload. Mayor Adolph pointed out canceling the August 15th meeting would provide a month between the August 1 st and September 5th meetings. He stated he could also support canceling the September 5th meeting if there are not a lot of issues to go on the agenda. Council Member Henderson clarified she wasn't suggesting meetings be cancelled if public hearings need to be agendized. Council Member Osborne stated he is in favor of canceling the August 15th meeting and determining at the August 15t meeting if the September 5th meeting will be needed. Council concurred. MAYOR AND COUNCIL MEMBERS' ITEMS 1 . DISCUSSION REGARDING HOUSING DENSITY. Mayor Adolph stated he feels staff should have some direction as to what type of density the Council wants in the new sphere of influence area. In response to Council Member Osborne, City Manager Genovese stated a sphere of influence work plan is tentatively scheduled for discussion at the next City Council meeting. Community Development Director Evans stated staff is working on a strategic plan to deal with annexations as it relates to land-use regulations, density, project design, street design, fire needs, etc. The plan will include a vast element of public involvement, and he noted it will be a delicate balance trying to fit into the existing County Task Force and Vista Santa Rosa Community Council. He stated staff needs an overall program to share with the public that is already inquiring about annexation. He indicated staff is already looking at areas within the City limits such as the property south of Avenue 58 and west of Madison Street, and policies developed for the Vista Santa Rosa area will probably apply to the smaller development parcels in the southeast portion of the City. Council Member Kirk stated he has requested an item be agendized dealing with what the County Task Force is doing, and how it relates to the City's work program. He indicated he is a strong believer in property rights, and City Council Minutes 10 May 2, 2006 agrees there is are expectations to some extent, of the right to develop under the current General Plan and Zoning Code. However, he feels developers rarely expect to get the maximum density, and suggested that be reserved for something other than standard subdivisions. He stated he is a proponent of higher density in areas such as the Village where a pedestrian environment is being created but feels it's important to be sensitive to density in equestrian-oriented areas. Mr. Evans stated he believes developers in the Valley expect to negotiate density to balance with surrounding properties, and that the Vista Santa Rosa area is going to expect low densities. He noted another challenge will be the need for commercial development to balance the cost of services. Council Member Osborne commented on some cities placing a moratorium on development while general plan and zoning changes are being considered. Mr. Evans stated he would not be an advocate of that because it increases the interest in filing applications with the County. Currently, both the County and the City are telling developers they need to present their projects to the Vista Santa Rosa Community Council, which serves as a sounding board to temper their proposals. Council Member Henderson noted the City just got an answer from LAFCO on the sphere of influence, and that the Council· has discretion to reduce densities if needed. Mr. Evans indicated staff can put together a policy research paper after the Joint City Council/Planning Commission meeting with measures to deal with the area for the purpose of encouraging better subdivision design and consolidation of projects. He added the key policies and direction can be brought back as general plan or zoning code amendments if Council wishes, and serve as beneficial material to give to developers. Mayor Adolph stated he doesn't have a problem reducing densities as long as applicants are aware of Council's concerns about density and open space. In response to Council Member Sniff, Mr. Evans stated the Vista Santa Rosa Community Council was formed by the County as a sounding board for their process. The group will cease to exist if the area is annexed but the Council may be asked to form a similar group. He noted if the area is annexed in small pieces, the County will have to decide how long they want to continue endorsing the ,group, and the group may decide to form a non-profit neighborhood organization. - -- --- - _._--- - -. ---. ~ - --- ~ -.---- -- City Council Minutes 11 May 2, 2006 Council Member Henderson stated she understood the group already has non-profit status. In response to Council Member Sniff, City Attorney Jenson stated she will research the legal status of the group. Council Member Sniff stated he feels staff needs to negotiate effectively with the County within the next six months regarding the sharing of tax increment monies for the area. He suggested placing an item on the agenda so Council can provide staff with direction. City Manager Genovese stated staff has discussed this issue with the County even prior to completion of the sphere of influence hearings. Mayor Adolph commented he included that issue as one of his Council goals because he feels the City should receive the funds if it bears the burden of the services. * * * * * * * * * * * * * Council Member Sniff read a letter from Truman Elementary School Principal Carol Bishop expressing appreciation for the Council's support in the school being named a J/California Distinguished School." Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to closed session to and until 7 :00 P.M. 7:00 P.M. PUBLIC COMMENT Ira Boiko, 44-750 Seeley Drive, asked for an update on the gate situation at the Indian Springs Apartments. City Attorney Jenson advised the City is in the process of obtaining a title report to show ownership interest of the street and looking at the issues of abandonment versus closure, Public Works Director Jonasson stated the title information should be received in a week but noted it's only one piece of the puzzle. City Council Minutes 12 May 2, 2006 Ms. Jenson explained staff has to determine whether or not to. recommend vacating the property or a street closure for non-emergency vehicle traffic. She noted a street closure would require noticing and public hearings. She indicated installation of another gate would be part of the option of closing the street to non- emergency vehicle traffic. * * * * * * * * * * * Ron Gaul, 27 West Imperial Highway, Ocotillo, representing the Salton Sea Coalition, encouraged City representatives to attend one of the teleconferencing sites for the Salton Sea Advisory Committee meeting to be held in Sacramento on June 2, 2006. He stated the Coalition's main concern is air quality. PRESENTATIONS -None PUBLIC HEARINGS 1 . PUBLIC HEARING ON LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, FISCAL YEAR 2006/2007. Public Works Director Jonasson presented the staff report. In response to Council Member Henderson, Mr. Jonasson confirmed maintenance of the Fred Wolff Bear Creek Nature Preserve is part of the parks budget. Mayor Adolph commented on the number of dead plants in the medians, and inquired about the process for replacing them. Mr. Jonasson stated the City pays for the plant, and the contractor plants them. The Mayor declared the PUBLIC HEARING OPEN at 7:22 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:22 p.m. RESOLUTION NO. 2006-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CONFIRMING THE DIAGRAM AND ASSESSMENTS FOR FISCAL YEAR 2006/2007 LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 (PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972). City Council Minutes 13 May 2, 2006 It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2006-045 as submitted. Council Member Sniff asked how the increasing deficit will potentially be addressed and when. City Manager Genovese stated the intent is to come back with alternatives for either creating a parks assessment district or increasing the Landscape and Lighting Assessment District. Motion carried unanimously. 2. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2006/2007 THROUGH 201 0/2011 CAPITAL IMPROVEMENT PROGRAM (CIP) AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a). Public Works Director Jonasson presented the staff report. In response to Council Member Osborne, CIP Consultant Nick Nickerson confirmed staff is taking a hard look at traffic signal costs, and checking to find out what other cities are experiencing so costs in the 01 F are presented adequately. Council Member Henderson stated she IS pleased that the museum expansion is on the list for 2006/2007. In response to Council Member Kirk, Finance Director Falconer stated currently there is $200,000 to $300,000 in the Art in Public Places Fund, and additional development should bring the amount up so the decorative railing for the bridges can be funded. Mayor Adolph commented on the City having an aggressive infrastructure and capital improvement plan, and commended staff for working diligently to get these projects under construction. The Mayor declared the PUBLIC HEARING OPEN at 7:36 p.m. Joe Broido, 77-510 Calle Nogales, inquired about the bond issue mentioned in the staff report. City Manager Genovese stated the reference IS related to capital improvements for the Redevelopment Agency. City Council Minutes 14 May 2, 2006 Sharon Kennedy, 48-91 5 Washington Street, representing The Villas of La Quinta Homeowners Association, noted the sound study conducted three years ago indicated a sound wall on Washington Street would be needed within two to three years. The homeowners feel it's time to replace the oleanders with a sound wall, and would like to know if the project can be expedited. Mr. Jonasson explained sound levels above 65dba are confirmed before the sound wall design is started but staff can forego the sound study if Council wishes. He noted a sound wall for The Villas is already included in the DI F program. Mayor Adolph noted the noise levels are probably similar to those at the Montero Estates. Council Member Henderson pointed out The Villas has an interior street between the houses and Washington Street, whereas the Montero Estates development has houses adjacent to Washington Street. Mr. Jonasson noted if Council wishes to forego the sound study, there will still be a need to identify design and construction funds. Council Member Henderson suggested staff come back with a plan ·for Council to consider, including a better look at the DI F and how it is allocated. Mr. Jonasson advised the DIF fund is also used for traffic signals, and is currently being used for the Jefferson Street improvements. Mr. Genovese noted the CIP can be approved as presented, and staff can do an analysis for any potential alternatives during the budget process. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:45 p.m. RESOLUTION NO. 2006-046 A RESOLUTION OF ·THECITY COUNCIL OF THE CITY OF LA GUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2006/2007 THROUGH 2010/2011 CAPITAL IMPROVEMENT PLAN (CIP) AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS. . -- -_._---~.._._-_._------~._.- _._-~ -----. --_.~-- ----- -- - - City Council Mïnutes 15 May 2, 2006 It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2006-046 as submitted. Motion carried unanimously. 3. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) ADOPTION OF A MITIGATED NEGATIVE DECLARATION FOR ENVIRONMENTAL ASSESSMENT 2005-552; 2) CASA LA QUINTA SPECIFIC PLAN 2005-076, DESIGN GUIDELINES AND DEVELOPMENT STANDARDS FOR A 20-UNIT RESIDENTIAL CONDOMINIUM PROJECT; 3) TENTATIVE TRACT MAP 34038, TO SUBDIVIDE 1.23 ± ACRES INTO ONE RESIDENTIAL PARCEL AND CERTAIN COMMON AREA LOTS; AND 4) VILLAGE USE PERMIT 2005-030, TO CONSTRUCT A 20-UNIT, TWO AND ONE-HALF STORY RESIDENTIAL CONDOMINIUM BUILDING UP TO 38.5 FEET IN HEIGHT WITH SUB-LEVEL PARKING, INVOLVING PROPERTY LOCATED ON THE SOUTH SIDE OF CALLE TAMPICO, EAST AND NORTH SIDES OF AVENIDA VILLA, AND NORTH SIDE OF AVENIDA NAVARRO. APPLICANT: BORREGO RESORT HOLDINGS. Principal Planner Nesbit presented the staff report. Community Development Director Evans reviewed the Planning Commission's concerns about the amount of parking structure below grade. In response to Council Member Osborne, Mr. Nesbit stated the height of the medical office building on Caleo Bay is approximately 33 feet with a 35-foot parapet over the entry. Council Member Osborne stated he feels a 5-foot setback for a 35-40 foot high building is extreme. He also inquired about a letter from C. V. Parks & Recreation District regarding a specïal assessment on this property. Mr. Nesbit noted the 5-foot setback is only at the pedestrian entries. Mr. Evans pointed out most lots in the Village are rectangular and narrow, making it difficult to provide an open space element if greater setbacks are required. He further noted the height is not inconsistent with other office buildings in the Village. As for the special assessment, he explained CVRPD is trying to implement an additional funding mechanism but staff has informed them they should present their program to the Council instead of trying to deal with it on a project-by-project basis. He noted CVRPD can request a fee but it's up to Council whether or not to impose it as a condition, and CVRPD would then have to form an assessment district. City Council Minutes 16 May 2, 2006 In response to Council Member Kirk, Mr. Nesbit stated the height of Old Town is similar to this project, and the setbacks are generally at the sidewalk. Council Member Kirk noted these streets are wider than old Town, and asked about the possibility of utilizing parking bays or pushing landscaping into the street. He also asked if the specific plan was for anything other than the height variance. If not, has staff considered an easier way for applicants to get an answer without filing a specific plan. Mr. Evans stated the issue of parking bays and pushing landscaping into the street wasn't considered because of the need for on-street parking. As for the specific plan, he suggested the possibility of creating 'a more permissive provision in the Building Code that would allow consideration of additional height without a variance or specific plan. He stated he feels the' best way to address it would be to adjust the building height and setbacks in the Zoning Code. He noted the setbacks in the Village are very permissive. Council Member Kirk stated he feels it might be worth considering to minimize staff workload and requirements on the development community. In regard to setbacks in Old Town, Public Works Director Jonasson stated some buildings on Avenida La Fonda are within five feet of the ,right-of-way. He also referenced a portion of right-of-way on Calle Tampico that needs to be abandoned, and could affect the setback on Calle Tampico. Council Member Henderson suggested staff prepare a policy research paper on architectural height variances so Council can consider a policy that might negate the need for specific plans in similar situations. In response to Council Member Sniff, Mr. Nesbit confirmed the property is located west of Avenida Navarro. He stated there is a one-foot minimum height requirement at the entry to the parking structure to keep street flood waters from entering, and they will also have a pumping system. Mr. Jonasson noted any drainage in the parking structure would be pumped into the storm drain on the south side of Calle Tampico. Council Member Sniff voiced security concerns about the underground parking area, and inquired about openings between the lower part of the building and the highest point of the perimeter of the parking area. Mr. Evans stated the Police Department has added conditions to address the security concerns. City Council Minutes 17 May 2, 2006 Mayor Adolph questioned the 40-foot height when the Zoning Code only allows 35 feet. Mr. Nesbit stated the specific plan proposes 38 feet, 6 inches, and Condition No. 81 allows a 5 % increase for technical design. Mayor Adolph noted architectural extensions have previously been allowed by Council but he is concerned about the overall height going beyond what the Council indicated they wanted in the Village. Mr. Evans noted the height can be reduced by removing some of the architectural elements, which would provide a flatter architecture, or by constructing a fully subterranean parking structure that would probably make the project financially unfeasible. He stated staff felt the proposed height might be a reasonable tradeoff, and added the applicant is aware this is a high-risk application. Mayor Adolph voiced concern about having a building this high with setbacks so close to the curb, and commented on how the area will start to look like Los Angeles if a two-story building is built across the street. He doesn't have a problem varying a few feet from the Zoning requirements but feels five feet is too extreme, especially this close to the curb. He feels the retail and office buildings in Old Town are different from a residential project. He commented on the failure of other projects using sufficient height landscaping, and asked about the size of trees proposed for this project. He noted the caliper and height of the trees is more important than the box size. Mr. Evans stated the caliper of the trees will be addressed in the fïnal landscape plan. In response to Council Member Henderson, Mr. Nesbit stated the height of the adjoining building on Avenida Navarro is 34 feet. Council Member Henderson referenced the elevation plan with the superimposed building, and noted the only difference between the two is some architectural relief. The Mayor declared the PUBLIC HEARING OPEN at 8:37 p.m. Sergio Sendowsky, 201 51 Southwest Bird Street, Newport Beach, representing the applicant, stated they can lower the roof pitch six inches. As for the setback, he noted the required property setback is zero, and they are proposing a five-foot minimum and eight-foot average. Regarding the City Council Minutes 18 May 2, 2006 security concerns, he stated the stacked tiles for the openings to the garage will be flush to the outside of the balconies, and provide natural light for the parking garage. They will also have lighting and cameras for security. Council Member Osborne asked about the estimated selling price on a per square foot basis, to which Mr. Sendowsky responded, "$700." In response to an inquiry by Council Member Henderson about the elevation percentage above 35 feet, Mr. Sendowsky reviewed the ridge heights across the building elevations. In response to Mayor Adolph, Mr. Sendowsky confirmed the parapets on the roof are to screen mechanical equipment. He stated the maximum interior ceiling height for the first and second floors is approximately 10 feet. Council Member Kirk asked if the project meets the City's parking requirements, to which Mr. Sendowsky responded, IIYes." In response to Council Member Henderson, Mr. Sendowsky stated the second floor is accessible through three elevators and four staircases. He then reviewed the available accesses to the first and second floor units. He confirmed there will be a sidewalk around the perimeter of the building. In response to Council Member Sniff, Mr. Sendowsky stated the parking garage will have a gate but no other openings except for interiòr emergency exits. Mark Chappell, 11026 Coronado Drive,. Morongo Valley, civil engineer with Hacker Engineering, addressed Council Member Sniff's concerns about potential flooding in the parking structure by reviewing drainage for the project. Should the area have rain beyond a 100-year storm, an approximate 3,000 cubic feet of storage will exist under the garage floor, and a sump pump will be used to pump the water into the storm drain on Calle Tampico. Council Member Sniff asked about the possibility of increasing the height of the ramp to more than one foot above the flow line. Mr. Jonasson stated raising the ramp would create a steeper grade into the parking structure and affect the clearance. He stated the project is not required to retain its drainage onsite but. the applicant is providing underground retention as a further mitigation to potential flooding. Joe Broido, 77-510 Calle Nogales, questioned why the applicant pursued this project knowing it goes beyond the City's Zoning requirements, and -- -~ ---- -~-- -- ---_...._~ City Council Minutes 19 May 2, 2006 suggested the applicant has close ties to someone In power. He recommended this item be postponed until the applicant completes his plans so the Council knows what they are voting on, and until some of these problems get answered. He commented on the possibility of the project going broke in the middle of development, and suggested putting in affordable housing so people can walk to work. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:07 p.m. Council Member Sniff stated he believes the applicant has made a serious effort to deal with this project, and that the height concerns have been ameliorated to some degree. He feels it's a quality project and significant addition to the Village. Council Member Kirk stated he believes it's a good project in a good location because it's not next to single family homes. He recalls the project was originally proposed at 3 % stories with 31 units, and stated he feels a reduction to 2 % stories with 20 units is a significant change. Although he realizes developers come into the City knowing what the standards are, he prefers erring on the side of quality as opposed to, necessarily following the rules. He noted the City relaxed its parking requirements for the adjacent building, and stated he supports a slight variation in the height of this project as opposed to requiring them to follow the rules and provide a straight roof line like the adjacent building. He expressed a positive feel about the project, and noted they are asking for only a minor change in the Zoning Code. He pointed out the medical office building on Caleo Bay met the rules but he doesn't believe it was the right building at the right place, whereas he believes this project is. Council Member Henderson noted the Village is finally getting developed but the complexity of small lots and difficulty of getting property owners to work together to provide larger lots still exists. Regarding Mr. Broido's suggestion the developer knows someone in power, she noted the City has a process in place that is legal, and stated no one is guaranteed a project will be approved. She believes the project is outstanding, and falls in line with what is happening in the Village. Council Member Osborne stated he has concerns about a substantial portion of the height being beyond the 35-foot height restriction, and about the five-foot setback. However, he agrees it is the right building at the right place, and he believes it sets a residential standard for the Village. He noted variances are given for quality projects, and he feels this is one of those projects. City Council Minutes 20 May 2, 2006 Mayor Adolph stated he is opposed to violating the City's height restrictions, and believes design elements in this project could be changed to meet the City's standards and still be as good as what has been presented. He indicated he would go along with a few feet variance or an architectural projection but can't support a good portion of the roof line being above 35 feet. He otherwise likes the design and overall planning, including the underground parking. RESOLUTION NO. 2006-047 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 2005-076, TENTATIVE TRACT MAP 34038 AND VILLAGE USE PERMIT 2005-030 (BORREGO RESORT HOLDINGS, INC.) It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2006-047 as submitted. Motion carried unanimously. RESOLUTION NO. 2006-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PRINCIPLES AND DESIGN GUIDELINES FOR A 20-UNIT RESIDENTIAL CONDOMINIUM PROJECT LOCATED ON 1.23 ± ACRES (SPECIFIC PLAN 2005-076 - BORREGO RESORT HOLDINGS, INC.) It was moved by Council Members Kirk/Osborn"e to adopt Resolution No. 2006-048 as amended (see discussion below). Council Member Kirk asked about the possibility of modifying the right-of- way and increasing landscaping into the right-of-way to soften the setback edge. Mr. Evans stated a condition can be added that requires the applicant to prepare a streetscape program that would include street trees and possible modifications of the curb line relative to pop-outs. He added the streetscape program would be part of the landscape plan that will go before the Architecture and Landscape Review Committee and the Planning Commission. Council concurred with adding the condition. --_...- ---- - ----- - -- - --- ---- --- City Council Minutes 21 May 2, 2006 Mayor Adolph indicated he supports adding the condition but still has a problem with the height. Motion carried with Mayor Adolph voting NO. RESOLUTION NO. 2006-049 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF 1.23 ± ACRES INTO ONE CONDOMINIUM LOT FOR THE DEVELOPMENT OF 20 RESIDENTIAL AIRSPACE CONDOMINIUM UNITS (TENTATIVE TRACT MAP 34038 - BORREGO RESORT HOLDINGS, INC.) It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2006-049 as submitted. Motion carried unanimously. RESOLUTION NO. 2006-050 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING 20 RESIDENTIAL CONDOMINIUM UNITS ON 1 .23 ± ACRES (VILLAGE USE PERMIT 2005-030 - BORREGO RESORT HOLDINGS, INC.) It was rnoved by Council Members Osborne/Sniff to adopt Resolution No. 2006-050 as submitted. Motion carried unanimously. The City Council 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, "-"~'._, /--- .-f" /-~-~~7 .I \ '>.1 /' .~~ 17 /~. -~/:J. X_m~!L-<-.k'..-/i;L_. ) / JUNE S. GREE.K, City Clerk City of La Ouinta, California