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2000 05 02 CC Minutes LA QUINTA CITY COUNCIL MINUTES MAY 2, 2000 A regular meeting of the La Quinta City Council was called to order at the hour of 2:00 p.m. by Mayor Pe~a. PRESENT: Council Members Adolph, Henderson, Sniff, Mayor Pe~a ABSENT: Council Member Perkins MOTION - It was moved by Council Members Sniff/Adolph to excuse Council Member Perkins. Motion carried unanimously with Council Member Perkins ABSENT. PUBLIC COMMENT - None CLOSED SESSION Mayor Pefia stated Council Member Perkins has requested Item No. 2 be continued. 1. Conference with legal counsel - anticipated litigation pursuant to Government Code Section 54956.9(b) - one case. 2. Public Employment - City Attorney - pursuant to Government Code Section 54957. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. The City Council meeting reconvened with no decisions being made which require reporting pursuant to Section 54957.1 of the Government Code (Brown Act). Mayor Pe~a led the audience in the Pledge of Allegiance. PUBLIC COMMENT Robert Foulk, 57-540 Interlachen, spoke regarding Written Correspondence No. 1 and noted there are time constraints due to construction starting soon, Mayor Pefia stated it would be referred to staff. City.Council Minutes 2 May 2, 2000 · - ,'X- ~ -I~ ,1(- ,1~ ,I~ ,1~ ,1~ ~ -1(- Henry Garcia, 77-900 Michigan Avenue #C-1, Palm Desert, asked the City for a letter of support in finding a solution to the theft and vandalism problems at the Coachella Valley Cemetery. He stated the letter is needed by May 10. Mayor Pe~a suggested he leave a phone number with the City Clerk so staff can get in touch with him if a letter is prepared and ready. CONFIRMATION OF AGENDA - Confirmed APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of April 18, 2000, as submitted. Motion carried unanimously with Council Member Perkins ABSENT. ANNOUNCEMENTS - None PRESENTATIONS Council Member Henderson presented a United Way Gold Award she had accepted on behalf of the City for employee participation in the United Way campaign. WRITTEN CORRESPONDENCE 1. REQUEST BY PGA WEST MASTER ASSOCIATION, INC. TO ELIMINATE THE SIDEWALK REQUIREMENT ALONG THE EAST SIDE OF MADISON STREET BETWEEN AVENUE 54 AND AVENUE 58. City Manager Genovese advised this matter is tentatively scheduled for the May 18, 2000, Council meeting. CONSENT CALENDAR Council Member Henderson spoke regarding Item No. 2 and suggested the plaques be dated and that individuals donating trees be informed of the planting date in case they City Council Minutes 3 May 2, 2000 wish to be present. She further suggested a revision on the Donor Information page to read "This tree donated in memory of." Council concurred. Council Member Henderson also spoke regarding Item No. 5 and suggested exploring potential "water recreation activities" at Lake Cahuilla under Recreation Opportunities (Page 25). Council concurred. 1. APPROVAL OF DEMAND REGISTER DATED MAY 2, 2000. 2. APPROVAL OF A MEMORIAL TREE DONATION PROGRAM (as amended). 3. APPROVAL OF PROGRAM SUPPLEMENTAL AGREEMENTS NO. 018, 019, AND 020 TO CITY OF LA QUINTA/STATE AGREEMENT NO. 08-5433 FOR STATE LOCAL TRANSPORTATION PARTNERSHIP PROGRAM (SLTPP) FUNDING FOR PROJECT 99-05, JEFFERSON STREET IMPROVEMENTS (HIGHWAY 111 TO AVENUE 54). 4. ADOPTION OF A RESOLUTION APPROVING THE AMENDED AND RESTATED PARS (PUBLIC AGENCY RETIREMENT SYSTEM) TRUST AGREEMENT. (RESOLUTION NO. 2000-34) 5. ADOPTION OF THE CITY'S FISCAL YEAR 2000/2001 ECONOMIC DEVELOPMENT PLAN (as amended). MOTION -It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended and with Item No. 4 being approved by RESOLUTION NO. 2000-34. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-71. BUSINESS SESSION 1. CONTINUED CONSIDERATION OF A RESOLUTION IN SUPPORT OF THE PROPOSED NATIONAL MONUMENT DESIGNATION. Community Development Director Herman gave the staff report and stated he understood additional changes to the legislation are forthcoming. City Council Minutes 4 May 2, 2000 Council Member Henderson was concerned about the restriction on low-level overflights and stated the Desert Resorts Regional Airport Authority will be discussing that issue at their next meeting on May 31. She was prepared to support the legislation if the date of the material supported could be included in the resolution along with wording that addresses the concerns about overflights. Wayne Hancock, 55-920 PGA Boulevard, of KSL Land Corporation, also voiced concern about the overflight restrictions. Council Member Henderson understood the restriction on commercial low-level overflights are tourist-type flights similar to those at the Grand Canyon and that it should not impact future general aviation. Council Member Adolph asked if the restriction would include hot air balloonS. Mayor Pe~a suggested this item be continued until after the Desert Resorts Regional Airport Authority meeting. Council Member Adolph was concerned about verbiage in the legislation that states "Congress does not intend," noting they could change their mind. Council Member Sniff was concerned the legislation would be delayed too long and result in a National Monument designation being done by Executive Order. Mayor Pe~a questioned why some of the Valley cities are not included in the Local Advisory Committee referenced in the legislation. Council Member Henderson noted those cities are not likely to be impacted by the designation. MOTION - It was moved by Council Members Sniff/Henderson to continue consideration of support of the proposed National Monument designation to June 6, 2000. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-72. 2. CONSIDERATION OF CIVIC CENTER CAMPUS ARTWORK PROPOSALS. Community Services Director Horvitz presented the staff report. City Council Minutes 5 May 2, 2000 In response to Council Member Henderson, Ms. Horvitz confirmed the proposals received are outside the scope of the five components requested in the Request for Qualifications (RFQ). Rosita Shamis, 78-055 Del Monte Court, Vice-Chair of Cultural Arts Commission, asked Council to reopen the RFQ and include additional information, including budgeted amounts. She also suggested the bridge and railing enhancements be designed by one artist to avoid the artwork looking like an afterthought. Elaine Reynolds, 49-294 Avenida Vista Bonita, of the Cultural Arts Commission, agreed with allowing more time for artists to respond to the RFQ and questioned why the artists were charged for the maps. Gwen Hughes, 53-624 Avenida AIvarado, an artist, stated she was available to answer questions on her art proposal. Council Member Sniff felt the Council should deal only with the five components of the RFQ and supported redistributing the RFQ with a slight modification to make the bridge the art piece rather than attaching art to it. In response to Council Member Adolph, Ms, Horvitz stated to-scale plans were made available to the artists and that budget amounts were not specified in the RFQ. Council Member Adolph supported redistribution of the RFQ and voiced concern about going over budget. He suggested the art pieces be moveable in order to rotate their locations. Council Member Henderson stated she understood the budgeted amount of $243,000 is specifically for the five areas listed in the RFQ and that additional art pieces will be budgeted in future years. She questioned an artist being qualified to structurally design a bridge. Council Member Adolph noted a conceptual drawing by an artist could be presented to a structural engineer. Council Member Henderson suggested changing the focus from a linear water feature to the water spray feature in the lake. Mayor Pefia noted one of the proposals is for a relief map which is one of the five components. City.Council Minutes 6 May 2, 2000 Sendy Swan, 78-725 Avertida La Fonda presented a model relief map. She suggested street grids and a legend, possibly with braille, be included in the map. In response to Council Member Sniff, Ms. Swan stated it will take approximately one year to complete the bronze relief map. Council concurred to include street grids and a legend, and to enlarge the relief map to include the current City boundaries with the original incorporation area marked. Tom Doczi, Landscape Architect with TKD Associates, voiced concern about getting an artist involved with the bridge design, noting it may result in exceeding the budget and the timeframe may limit access to the island. He advised the engineer can be asked to provide different bridge designs for Council to consider and/or enhanced detail on the bridge abutments can be done. He added that one of the bridge cross members could be eliminated and artwork set into the structure. Council Member Henderson commented on the possibility of using fiber optic lighting on the railing. After a brief discussion, Council concurred to direct staff to issue a new RFQ without the bronze relief map and bridge railing enhancements, and change the linear water feature to a water spray feature (geyser) in the lake. Council concurred to take public comment on Business Session Item No. 5 at this time. 5. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. Kajsa Thurensen Frary, Director of Education for the McCallurn Theatre, spoke about the value of the Aesthetic Education Program and asked Council to approve the grant request. Trice Healy, 54-455 Eisenhower Drive, also urged support for the Aesthetic Education Program. Rosita Shamis, 78-055 Del Monte Court, reported the total cost for 12 teachers to participate in the Aesthetic Education Program is $8,430. The School District is funding 94,215 and Truman Elementary School wishes to redirect the school grant balance of 92,000 to this program. She asked Council to approve City Council Minutes 7 May 2, 2000 a grant for the balance of $2,215, not counting the City's commitments to the McCallum Theatre. (See Page 21 for continuation of Item No. 5.) Council concurred to take up Business Session Item No. 6 at this time, 6. CONSIDERATION OF APPOINTMENT OF A CITIZEN MEMBER TO THE HISTORIC PRESERVATION COMMISSION. The following applicants gave a brief presentation on their qualifications and background: Archie Sharp Jean Lahey (See Page 21 for continuation of Item No. 6.) Council concurred to take up Study Session Item No. 2 at this time. STUDY SESSION 2. DISCUSSION OF THE SOUTHEAST ANNEXATION. Community Development Director Herman presented the staff report and reviewed the City's Sphere of Influence on a map along with boundaries of various properties and tribal lands related to the proposed annexation area. He noted that some of the property owners have marked the map in favor or opposition to the annexation. He advised The Palms development has expressed a desire to be a part of the annexation but is not marked on the map and The Coral Mountains development has not indicated their interest either way but has expressed a willingness to discuss it. He stated staff is seeking direction regarding boundaries of the annexation area and what process to pursue at this time. In response to Council Member Adolph, Mr. Herman confirmed the City has not mailed letters to property owners for the purpose of soliciting them for annexation. The following people spoke in opposition to the annexation: City.Council Minutes 8 May 2, 2000 Wilson Franklin, P. O. Box 191, Thermal (Avenue 64) David Felicieno, 89-055 Avenue 64, Thermal Ooby Anderson, 73-200 Alessandro, Palm Desert, representing Triangle Bar Ranch at Avenue 52 and Jackson Street o opposition is due to City restrictions in the equestrian overlay regulations. Lilly Higgins, 87-165 Avenue 59, Thermal Mary Belardo, P. O. Box 4780, Palm Springs, Chairperson of Torres-Martinez Indian Tribe Lee Anderson, 59-777 Calhoun, Thermal Mike Wells, (no address given) Mike Dean, 82-825 Avenue 62, Thermal The following spoke in support of annexation: Albert Keck, 83-555 Airport Boulevard (80 acres) o suggested all four corners at Airport Boulevard and Jackson Street be included. Joe Hammer, 74-757 N. Cove Drive, Indian Wells, - (100 + acres including 15 within the Torres-Martinez Reservation area) Connie Pescador, 85-855 Avenue 61, Thermal - suggested an easily-understood fact sheet with answers to questions regarding grandfather rights, mobile homes, property taxes, etc. Teresa Cotton, 84-850 Avenue 58, Thermal ~ suggested any application for a change of sphere of influence for the properties south of Airport Boulevard should include the properties north of Airport Boulevard that will otherwise be without representation. In response to Council Member Henderson, Tribal Chairperson Belardo agreed to provide a map showing accurate boundaries of the reservation and noted privately-owned lands within the reservation fall under Reservation jurisdiction. She also agreed to have their legal counsel contact staff regarding that information. Council Member Henderson stated she never has desired to go beyond the airport with the annexation and noted the City extended the ability to comment as a courtesy to the property owners. She supported staying west of the airport with the annexation. Council Member Sniff agreed and felt the comments about changing the sphere of influence for property owners north of Airport Boulevard should be addressed. He supported working on a sphere of influence and annexation together and mailing a survey of interest to property owners who have not yet commented on the potential annexation. City Council Minutes 9 May 2, 2000 Council Member Adolph agreed and stated he believed the City would serve the agriculture areas just like any other part of the City. Mayor Pe~a noted the City has only responded to property owners' requests and never intended to go beyond the airport or Indian lands. He encouraged the residents to work closely with their County representative to plan their area. He wished to expand the City's sphere of influence and noted the City is not looking to change the zoning designations. He supported moving forward with a sphere of influence in those areas where a number of people have requested annexation, including the area north of Airport Boulevard. Council Member Henderson agreed with contacting property owners north of Airport Boulevard and with mailing a survey. In regard to the City's equestrian overlay regulations, she noted the zoning will not change in the annexation area unless requested by the property owners. She supported keeping communication open with the Kohl Ranch and Torres-Martinez Indians and suggested Kohl Ranch be included in the sphere of influence but was not sure about including it in the annexation. Council Member Sniff supported moving forward with a sphere of influence to Avenue 62 and west side of the airport with some consideration for the property owners on the north side of Airport Boulevard and addressing the annexations on an incremental basis. He also wished to see a fact sheet developed to answer questions/concerns property owners might have. Ms. Pescador stated she lives near the Kohl Ranch and wishes to be included in an annexation. Ms. Cotton noted the south side of Avenue 53 is the northern boundary of the Services District and that those property owners would be left in "no-man's land." Mayor Pe~a suggested staff obtain a boundary of the Services District to better understand the overlay. In summarizing, Mr. Herman stated staff will prepare a survey and fact sheet to mail to property owners within the following boundaries: west of Monroe Street, south to Avenue 62 and across to include the upper portion of the Kohl Ranch and area north of Airport Boulevard. The survey will ask if property owners prefer being annexed or only included in the City's sphere of influence. Council Member Adolph suggested the fact sheet also address the issue of taxation. City, Council Minutes 10 May 2, 2000 City Manager Genovese stated the survey will be brought back for Council review in two to four weeks. Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. PRESFNTATIONS - None PUBLIC COMMENT - None PUBLIC HEARINGS 1. PUBLIC HEARING ON SITE DEVELOPMENT PERMIT 2000-667 - AN APPEAL OF PLANNING COMMISSION APPROVAL FOR ARCHITECTURAL AND LANDSCAPING PLANS TO CONSTRUCT A ONE-STORY, 6,600 SQ. FT., COMMERCIAL PAD BUILDING EAST OF DOWNEY SAVINGS AND THE CONCEPTUAL APPROVAL OF AN ADDITION TO VON'S SUPERMARKET LOCATED AT THE SOUTHWEST CORNER OF HIGHWAY 111 AND 'WASHINGTON STREET WITHIN PLAZA LA QUINTA. APPLICANT: M&H REALTY PARTNERS. The Mayor declared the PUBLIC HEARING OPEN at 7:08 p.m. Community Development Director Herman presented the staff report. David Geiser, of M & H Realty Partners, noted they are proposing to construct a 6,600 sq. ft. building on a parcel originally approved for 10,000 sq. ft. and a parking area on a parcel originally approved for a 4,500 sq. ft. building. They also propose to increase parking near the two restaurants in conjunction with an employee parking program. Council Member Adolph voiced concern about the parking plan. Mr. Geiser stated the proposed plan yields the greatest number of parking spaces and that the two spaces on either side of the entrance to the parking area on Pad 7 can be eliminated to increase visibility. City Council Minutes 11 May 2, 2000 In response to Mayor Pe~a, Mr. Geiser stated he understood the General Plan does not allow parking in the 50-foot setback area. As for service truck deliveries at the restaurant, they will be front access only. Council Member Henderson suggested the possibility of eliminating or changing the right-in, right-out access at the center entrance. Mr. Geiser felt elimination of the center ingress/egress would create more cross traffic and make the parking problem worse, In response to Mayor Pe~a, Mr. Geiser reported approximately 50 parking spaces exist in the rear of the shopping center. Council Member Sniff suggested reconfiguring the building to provide additional parking north of the building. Mr. Herman advised a General Plan amendment would be needed to allow parking in the 50-foot setback area and the change would affect the entire Highway 111 frontage, not just the subject property. In response to Council Member Sniff, City Attorney Honeywell advised the portion of the shopping center that is already developed becomes vested as it is built but the undeveloped sites have to meet the current General Plan requirements. Bob Thomas, 78-483 Highway 111, of The Beer Hunter, was concerned that having another restaurant in the area would result in one of the three restaurants going out of business due to insufficient parking. Mr. Geiser noted the restaurant is only 2,000 sq. ft. with a dining area of approximately 1,200 sq, ft. He believed the employee parking program would improve the parking situation. Rob Parker, 78-285 Highway 111, owner of Groomingdales, commented on the Von's expansion and their lack of use of the delivery ramp. He also questioned where delivery trucks would park when making deliveries at the new restaurant and voiced concern about increased traffic in the shopping center. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:47 p.m. Council Member Henderson asked how many employees there are at the shopping center. City Council Minutes 12 May 2, 2000 Mr. Herman responded that information is part of the study the applicant has to prepare. In response to Council Member Henderson, City Manager Genovese advised the City can request a bus turnout but he was not sure it could be made a condition of approval. SunLine has indicated they do not expect to change or eliminate the bus stop. In response to Council Member Adolph, Mr. Herman confirmed the parking spaces behind the shopping center was intended for employee parking. Council Member Sniff was concerned there would be insufficient parking for three restaurants and that the driveway area would be blocked by delivery trucks. In response to Council Member Henderson, Mr. Geiser explained the lease restrictions and how they relate to location of competitive businesses. He also confirmed the businesses in the shopping center, including Vons, have employee entrances at the back of the building and that use of the loading docks can be enforced. He felt enforcement of the employee parking program would increase the number of available parking spaces in the main parking areas. Council Member Adolph suggested the possibility of putting the restaurant on Pad 7, to which Mr. Geiser responded there's not enough space. In response to Mayor Pe~a, Mr. Geiser stated it would not be economically feasible to relocate Lumpy's. Council Member Henderson felt the employee parking program is vital to the success of the shopping center and questioned there being a legal reason to deny the project. Mr. Geiser stated delivery hours can be restricted by the City when it reviews the restaurant's application. In response to Council Member Henderson, Mr. Geiser confirmed the employee parking program has to be in place prior to receiving an occupancy permit. Council Member Adolph stated he has a problem approving the project because of the additional traffic gridlock it will create. In response to Council Member Henderson, Ms. Honeywell advised Council can allow the Von's expansion but decide not to make the required environmental City Council Minutes 13 May 2, 2000 findings or approve the City zoning requirements for the pad. She said there is basis to require additions to the minimum parking requirements for a commercial area if Council feels it does not work correctly for the entire shopping center. Mr. Geiser stated he would withdraw the Von's expansion and deal with it separately in order to get approval of the restaurant building pad. Council Member Sniff suggested building only the 2,000 sq. ft. restaurant with delivery parking on the east side of the building. Mr, Herman advised there will be no further review of tenant uses for the pad building if the Site Development Permit is approved. Dale Omer 42-580 Stardust Place, Bermuda Dunes, co-owner of the Beachside Cafe, stated it's difficult to enforce delivery times and it is unsafe to require female employees to park behind the building after dark. MOTION - It was moved by Council Members Adolph/Sniff to deny Site Development Permit 2000-667 based on the environmental concerns that the traffic circulation is not adequate and that Council cannot make the findings that the exemption for CEQA is met. Council Member Henderson wished to see the item continued in order to. give the employee parking program a chance to see if it will work. Council Member Sniff supported a continuance to give the developer an opportunity to submit an alternate plan that will address the traffic and parking concerns, Motion was withdrawn. MOTION - It was moved by Council Members Sniff/Henderson to continue consideration of Site Development Permit 2000-667 for M & H Realty Partners (Plaza La Quinta) to June 6, 2000 to give the developer an opportunity to submit a redesign of the project that addresses the traffic and parking concerns. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-73. City. Council Minutes 14 May 2, 2000 2. PUBLIC HEARING ON TENTATIVE TRACT MAP 29702, TENTATIVE PARCEL MAP 29724, AND SITE DEVELOPMENT PERMIT 97-607, AMENDMENT NO. 1 - A REQUEST FOR APPROVAL TO RE-SUBDIVIDE 3.17 ACRES INTO 30 RESORT RESIDENTIAL LOTS AND MISCELLANEOUS LOTS, SUBDIVIDE A 1.93-ACRE LOT INTO TWO PARCELS, AND APPROVAL TO INSTALL 21 PARKING SPACES ADJACENT TO AVENIDA OBREGON PLUS EIGHT ADDITIONAL SPACES FOR THE RESORT HOMES. APPLICANT: KSL DESERT RESORTS AND KSL CA$1TA$ CORPORATION. The Mayor declared the PUBLIC HEARING OPEN at 9:01 p.m. Community Development Director Herman presented the project as outlined in the staff report. Jim Waple$, 55-920 PGA Boulevard, Project Director for La Quinta Resort Homes, advised he was available to answer questions. Steve Davis, 77-500 Avenida Fernando, felt there's inadequate control on traffic and delivery to justify an expansion and believed there are legal issues with the easement. He also felt the environmental report is inadequate and predicated on faulty assumptions and he questioned using the month of August with a 7% adjustment for the traffic study. City Attorney Honeywell advised the easement issue is a private concern between the two private property owners. Jay Baden, 77-415 Via Cordova, voiced concern about increased traffic and parking availability. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:12 p.m. Council Member Adolph stated he was disappointed to see the bungalow units being eliminated that have been a part of the La Quinta Hotel ambiance for so long. Council Member Henderson stated she did not have a problem with the project and felt the issues that have been raised are private property concerns which she encouraged the residents to take up with the developer. Council Member Sniff and Mayor Pe~a concurred. City Council Minutes 15 May 2, 2000 RESOLUTION NO. 2000-35 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE RE-SUBDIVISION OF 3.17 ACRES INTO 30 RESORT RESIDENTIAL LOTS AND MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 29702 - KSL CASITAS CORPORATION). It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2000-35 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. RESOLUTION NO. 2000-36 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING PARCEL MAP 29724 TO CREATE TWO PARCELS WITHIN THE LA QUINTA RESORT (KSL DESERT RESORTS). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2000- 36 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. RESOLUTION NO. 2000-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AN AMENDMENT TO PERMIT A PARKING LOT WITHIN THE LA QUINTA RESORT (SITE DEVELOPMENT PERMIT 97-607, AMENDMENT NO. I - KSL DESERT RESORTS). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 2000- 37 as submitted. Motion carried unanimously with Council Member Perkins ABSENT. 3. CONTINUED PUBLIC HEARING ON TENTATIVE TRACT MAP 29624 - A REQUEST FOR APPROVAL TO SUBDIVIDE 2.44 ACRES INTO 10 SINGLE FAMILY RESIDENTIAL LOTS ON A WESTERLY EXTENSION OF LADERA DRIVE LOCATED ON THE EAST SIDE OF ADAMS STREET NORTH OF MILES AVENUE. APPLICANT: WORLD DEVELOPMENT. The Mayor declared the PUBLIC HEARING OPEN at 9:17 p.m. Community Development Director Herman presented the staff report. City. Council Minutes 16 May 2, 2000 Council Member Sniff reported the subcommittee consisting of himself, Council Member Henderson, three staff members, the developer, and four homeowners met on April 21 to address the concerns raised'at the April 18 Council meeting. The main topic of discussion was the possibility of an access on Adams Street. He felt the meeting went well but did not know if the homeowners' concerns were satisfied. Council Member Henderson noted they encouraged the homeowners and developer to have a follow-up meeting. Ken Stittsworth, 74-11t* Highway 111, Palm Desert, representing World Development~ stated they had no further contact with the homeowners after the April 21 meeting. Bruce Mercy, 79-080 Ladera Drive, stated the residents are still opposed to the Ladera Drive access and do not feel the developer's Adams Street access plan is the best case scenario. They wish to see an independent feasibility study accomplished and are willing to fund it if necessary. They also have concerns about additional nuisance water draining into the retention basin. He urged Council to deny the project or to table it until further studies can be done. Neil Ludlam, 79-130 Ladera Drive, felt the developer's purpose in drafting the Adams Street access plan was to draw attention away from the facts. He suggested and distributed an alternate plan with access on Adams Street and stated he felt it proves other possibilities exist. Tony Cunzio, 79-170 Ladera Drive, spoke regarding additional nuisance water draining into a retention basin that never completely drains. Bev Beam, 44-125 Camino Azul, stated people were told by the developer when they purchased their homes that Ladera would not be a through street. When she questioned the access for the subject property, she was told by the City that a preschool was proposed and that the access would be on Adams Street. She also questioned the proposed development being in conformity with surrounding properties. Ben Anspec, 44-930 Tortola Circle, was opposed to the access being on Ladera Drive. Tom Hanes, 79-180 Ladera Drive, asked Council to continue this item until further study can be done on the retention basin and access on Adams Street. City Council Minutes 17 May 2, 2000 Jim Hartsen, 79-130 Ladera Drive, believed an extension of Ladera Drive would create a serious parking discrimination against the current homeowners and most likely result in litigation. He urged Council not to approve the project until an access on Adams Street can be developed. Alex Londos, 79-090 Ladera Drive, was also opposed to the access on Ladera Drive and the additional drainage into the retention basin. June Hanes, 79-180 Ladera Drive, spoke regarding additional drainage going into the retention basin and about the narrow streets of the proposed development. Jim Snellenberger, 79-720 Iris Court, of World Development, understood the drainage plan has already been approved under the preschool application. He did not feel Mr. Ludlam's alternate plan was feasible and noted the easement through the lot in World Development's alternate plan is required by CVWD. A brief discussion ensued regarding the existing and proposed access streets/driveways along Adams Street in the area of the proposed project. In response to Mayor Pe~a, Mr. Vogt stated Ladera Drive, as it exists, does not have a turnaround for emergency services and is defined as a substandard street/turn. In response to Council Member Adolph, Mr. Vogt confirmed private streets have to meet minimum requirements but must be approved by the Fire Marshall. Pete Rollett, 44-965 Mala Circle, stated he was told by the City some years ago that the wall at the end of Ladera Drive would not be removed. He also questioned a fire truck being able to turn around if a gate is installed. In response to Mayor Pe~a, Mr. Vogt advised fire trucks entering the proposed development would be able to turn around in the proposed cul-de-sac but not a dead-end street. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 10:18 p.m. In response to Council Member Adolph, Mr. Vogt confirmed the City is responsible for the retention basin and is looking for ways to address the drainage problem. City Council Minutes 18 May 2, 2000 Council Member Sniff stated he was erapathetic to the residents' concerns and would like to see the developer utilize an Adams Street entrance. In response to Mayor Pe~a, Mr, Vogt advised an Adams Street entrance may raise the grade of the lots and necessitate a retaining wall at the back property line. In response to Council Member Adolph, Mr, Vogt stated the sewer easement is 20 feet wide. Council Member Henderson was disappointed the residents and developer did not have a follow-up meeting to work on these issues. Council Member Sniff suggested continuing this item and directing staff to look at the drainage situation and asking the developer to come up with an alternate plan with access on Adams Street along with a list of ramifications to surrounding property owners. Mayor Pe~a noted potential litigation has been indicated. CLOSED SESSION After a brief discussion, the City Attorney announced the City Council would go into Closed Session pursuant to Government Code Section 54956.9 under threat of litigation for the item currently under discussion. Council reconvened. In response to Council Member Sniff, Ms. Honeywell advised the proposed development meets the City's zoning requirements and no issue has been raised that would suggest an environmental problem that cannot be mitigated. There's also no issue that is not met under the City's zoning requirements. Council Member Sniff stated he felt the Council does not have any significant latitude for denying the project. Council Member Henderson agreed. Council Member Adolph wished to give the residents more time to resolve their concerns with the developer and suggested a two-week continuance. City Council Minutes 19 May 2, 2000 MOTION It was moved by Council Members Sniff/Adolph to continue consideration of Tentative Tract Map 29624 for World Development to May 16, 2000, to give the developer and residents an opportunity to resolve the issues. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-74. 4. PUBLIC HEARING ON DRAFT FISCAL YEAR 2000/2001 THROUGH 2004/2005 CAPITAL IMPROVEMENT PROGRAM. The Mayor declared the PUBLIC HEARING OPEN at 10:52 p.m. Public Works Director Vogt presented the proposed Capital Improvement Program (CIP) and advised staff recommends the following changes: 1) defer the construction portion ($716,000) of Project 200010 for the Museum Expansion to FY 2003/2004 to coincide with bond sales leaving ~84,000 for FY 2000/2001 to pay for design of the facility; and 2) reprogram Project 200010 for Avertida La Fonda Street Enhancements to FY 2003/2004 to coincide with bond sales. He noted this would change the authorized expenditure for FY 2000/2001 to ~9,673,745. Council Member Sniff pointed out the CIP includes the Montero Estates sound wall. Betty Smith, 78-467 Calle Orense, asked when the wall would be done. Mayor Pe~a stated it's scheduled to be completed during FY 2000/2001. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 10:59 p.m. RESOLUTION NO. 2000-38 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 2000/2001 THROUGH 2004/2005 CAPITAL IMPROVEMENT PLAN. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2000-38 as amended (changing the expenditure amount to $9,673,745). Motion carried unanimously with Council Member Perkins ABSENT. City, Council Minutes 20 May 2, 2000 BUSINESS SESSION ......... continued 3. CONSIDERATION OF LOCATION FOR THE CIVIC CENTER CAMPUS ART PIECE. Community Services Director Horvitz presented the staff report and noted the artist recommends a satin stainless steel base. Council Member Sniff favored a stainless steel base and felt it should be of sufficient height to avoid bumping into the sharp edges. He suggested locating it in the recessed area by the Study Session room. Mayor Pe~a supported locating it near the reception area but felt it should be moveable in order to rotate its location at a later date. He also asked staff to find out if the art piece can be placed outside. After a brief discussion, Council concurred on a satin stainless steel base and locating the art piece in the recessed area by the Study Session room. MOTION - It was moved by Council Members Sniff/Adolph to locate the Civic Center art piece in the recessed area near the Study Session room and to appropriate $2,000 from the Art in Public Places Fund for the construction and installation of a satin stainless steel base. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-75. 4. CONSIDERATION OF AN ARTWORK MAINTENANCE AGREEMENT WITH WASHINGTON/ADAMS, L.L.C. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION o It was moved by Council Members Sniff/Henderson to approve an Art Maintenance Agreement with Washington/Adams, L.L.C. for the lighting system on the art .piece on the northeast corner of Highway 111 and Washington Street. Council Member Adolph commented on the need for routine rinsing due to collection of dust. Mayor Pe~a suggested bringing the Maintenance Agreement back at a later time to address that issue if it's necessary. City Council Minutes 21 May 2, 2000 Council noted corrections on Page 23 (Recitals) as follows: change Article XII to Article XIII and revise the last sentence in the paragraph to read, ". ....... terms of the Agreement shall b__e valid ....... " Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-76. 5. CONSIDERATION OF COMMUNITY SERVICES GRANT REQUESTS. (Continued from Page 5) Council Member Sniff suggested allocations as follows: $1,000 to the Foundation of the Retarded of the Desert; ~1,000 to Desert Rehab Services; and $2,215 for the Aesthetic Education Program at the McCallum Theatre. Mayor Pefia voiced disappointment that Desert Sands Unified School District did not complete the grant request forms. He also noted Ms. Shamis had stated last year that this would be a one-time request. Council Member Sniff suggested the school grant amount of ~2,000 previously allocated to Truman Elementary School be redirected to the Aesthetic Education Program. In response to Council Member Adolph, Council Member Sniff stated the suggested allocations would leave a balance of approximately ~2,000 in the Special Projects Contingency Account. Mayor Pefia noted some organizations receive large donations and was concerned about getting away from helping small La Quinta-based organizations. He suggested the criteria for granting these requests be revisited sometime in the future. MOTION - It was moved by Council Members Sniff/Adolph to approve grant requests from the Special Projects Contingency Account as follows: $1,000 to Foundation of the Retarded in the Desert; $1,000 to the Desert Rehab Services; and $2,215 to the Aesthetic Education Program (at the McCallum Theatre) with ~2,000 of this amount being redirected from the school grant for Truman Elementary School. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-77. City. Council Minutes 22 May 2, 2000 6. CONSIDERATION OF APPOINTMENT OF A CITIZEN MEMBER TO THE HISTORIC PRESERVATION COMMISSION. (Continued from Page 7) VOTING Ballot No. 1 Council Member Adolph voted for Jan Lahey Council Member Henderson voted for Archie Sharp Council Member Sniff voted for Jan Lahey Mayor Pe~a voted for Archie Sharp Ballot No. 2 City Clerk Greek advised the second ballot also resulted in a tie vote. MOTION - It was moved by Council Members Sniff/Henderson to continue consideration of an appointment to the Historic Preservation Commission to May 16, 2000. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-78. 7. SECOND READING OF ORDINANCE NO. 342 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING TITLE 2, CHAPTER 2.29,040 (ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE TO MODIFY DUTIES OF THE ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE. It was moved by Council Members Sniff/Adolph to adopt Ordinance No. 342 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Sniff, Mayor Pe~a NOES: None ABSENT: Council Member Perkins ABSTAIN: None City Council Minutes 23 May 2, 2000 STUDY SESSION ........... continued 1. DISCUSSION OF CITY MARKETING PLAN FOR FISCAL YEAR 200012001. MOTION - It was moved by Council Members Sniff/Henderson to continue the matter of the City Marketing Plan to May 16, 2000. Motion carried unanimously with Council Member Perkins ABSENT. MINUTE ORDER NO. 2000-79. 2. DISCUSSION OF THE SOUTHEAST ANNEXATION. (See Page 8 for this item.) REPORTS AND INFORMATIONAL ITEMS League of California Cities - Riverside Division -- Council Member Henderson encouraged the Council to attend the general membership meeting in Temecula on May 8. CVAG Energy & Environmental Committee -- Council Member Sniff reported that at their last meeting they discussed a fast-growing, nuisance plant that is invading the Colorado River. All other reports were noted and filed. DEPARTMENT REPORTS 1-B. STATUS REPORT ON TORRES-MARTINEZ DESERT CAHUILLA INDIANS PENDING LEGISLATION. Mayor Pe~a reported CVAG's Executive Committee is scheduling a special meeting to discuss this issue. Council Member Henderson stated she is anxious to see the City continue its good-will relationship with the Torres-Martinez Indians. She asked staff to prepare information on the potential impact of the pending legislation should the City potentially be faced with the gaming issue. City Council Minutes 24 May 2, 2000 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION OF POTENTIAL PROCESS FOR PRESERVATION OF CITY'$ HISTORICAL MEMORABILIA. Council Member Sniff asked that staff be directed to investigate a source of services to catalog the City's historical memorabilia (photos and documents). Council concurred. A brief discussion ensued regarding a letter from Terry Miller and Mayor Pe~a asked the City Manager to send a letter to Ms. Miller to indicate the Council's intent regarding the sphere of influence. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. Respectfully submitted, JUNE S. GREEK, City Clerk City of La Quinta, California