Loading...
1997 03 18 CC Minutes." LA QUINTA CITY COUNCIL MINUTES March 18, 1997 Regular meeting of the La Quinta City Council of March 1 8, 1 997 was called to order at the hour of 3:00 p.m. by Mayor Holt, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt ABSENT: None PUBLIC COMMENT Alice Zilinsky, 79-855 Horseshoe Road, inquired about the status of the Adams Park restroom facility and Mayor Holt advised that staff would contact her. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that a closed session item be added to the agenda that came up after the agenda was posted in regard to conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation, Nicholson EEOC, Charge No.345970207). MOTION It was moved by Council Members Sniff/Adolph to add a closed session item to the agenda for conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding ongoing litigation, Nicholson EEOC, Charge No. 345970207) as the need arose after the agenda was posted. Motion carried unanimously. APPROVAL OF MINUTES MOTION It was moved by Council Members Perkins/Adolph to approve the City Council Minutes of February 25 and March 4, 1997 as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS Mayor Holt presented a proclamation to Ben Garcia on behalf of the American Diabetes Association proclaiming March 25, 1 997 as Diabetes Awareness Day. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 2 March 1 8, 1 997 Mr. Garcia advised that the association would be sponsoring free diabetes screenings throughout the valley the week of March 25th. WRITTEN CORRESPONDENCE 1. LETTER FROM SUSAN FRANCIS RESIGNING FROM THE CULTURAL COMMISSION. Mayor Holt advised that the City would present Ms. Fr*ncis a letter of appreciation and plaque for her service on the commission. 2. LETTER FROM PREFERRED PLUMBING REGARDING COMMERCIAL VEHICLE HEIGHT LIMITATIONS. Council concurred on referring this matter to staff for a report back to Council. BUSINESS SESSION 1. CONTINUED CONSIDERATION OF THE COACHELLA VALLEY SOLID WASTE MANAGEMENT AUTHORITY JOINT POWERS AGREEMENT. Mr. Herman, Community Development Director, advised that the staff report contains an update of the actions taken by the other cities in the valley regarding this proposal. He further advised that there are no changes to the findings, alternatives, and recommendations of staff. Jack Sobelman, 52-815 Avenida Martinez, spoke about the City*s growth and how it affects trash collection and increased traffic concerns. Council Member Sniff appealed for support of the JPA, believing it to be the next logical step for the cities to take in effectively working together on this regional problem. He felt that it would provide a maximum amount of private enterprise involvement and a minimum amount of government involvement and the best service and rates. Council Member Henderson advised that she still supports the JPA and she wished to see La Quinta be a leader in solving this regional problem. Council Member Adolph noted that this item was continued for the purpose of seeing what the other cities would do and most of them are waiting to look at BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 3 March 1 8, 1 997 the alternatives which La Quinta has not done. He believed that the JPA would be an outstanding project if all of the cities participated, but it's obvious that Rancho Mirage and Indian Wells are the only interested participants. He felt that La Quinta should look at the alternatives and was opposed to getting involved with something that should be done by private enterprise. He advised that he couldn't support the JPA without the support of the other cities. Mayor Holt advised that she still does not support the JPA because she feels that it's not a good business decision. Council Member Perkins noted that in addition to several cities not supporting the JPA, the County is waiting to make their decision. He realized that a lot of time has been spent on this proposal, but he wasn't comfortable moving forward with it at this time. He felt that some type of disposal system is needed, but questioned why the trash industry hasn't proposed something. He felt that it's either because their proposal would be more expensive for the cities or else they're not interested, which concerned him because once it's turned over to private enterprise to operate, if they later back out of the operation, the cities would have to operate the facility which he didn't feel would be the proper way to go. He advised that he couldn't support the JPA because he didn't believe that it's a solid deal. Council Member Sniff pointed out that there wouldn't be any commitment involving any significant financial resources during the first 90-1 80 days and he felt that the cities shouldn't continue to wait on dealing with the trash problem. He advised that the transfer station would be operated by private enterprise and through the strength of unity, the cities would have the best operation and landfill rates. He wished for the City to participate in the next step and pointed out that the Coachella Landfill is closing in May 1 997, making it necessary to haul all of the valley's trash to Edom Hill which is on an earthquake fault line and contaminating the water. It will take three years to get a transfer station operational and if the expansion for Edom Hill is not approved, it will close in 2002, leaving the cities without a disposal option for their trash. He didn't understand the reason for not participating in the discussions, noting that the City could withdraw from the JPA if they're unhappy. He urged support for further meaningful discussions with the other cities and as an alternative, suggested a continuance to the second meeting in May while some of the cities continue to consider this and prepare their analysis. Council Member Henderson felt that it's ludicrous to expand Edom Hill when it's already leaking and she didn't wish to see any of La Quinta's trash going there. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 4 March18, 1997 Council Member Adolph agreed that Edom Hill is not the answer to the trash problem and felt that Eagle Mountain will eventually be approved. He advised that he still supports' having the other cities present their proposals, noting that the JPA is the only option that has been presented to Council. Council Member Sniff suggested hosting a meeting with the other cities for the purpose of discussing the transfer station and any other viable projects. Council Member Perkins felt that the invitation should be for a general discussion about the trash problem. The transfer station should be an alternative, not the primary subject. Council Member Henderson wasn't opposed to the suggestion, but pointed out that the task force has discussed this for three years and further noted that the JPA proposal is a result of the MOU approved by the cities over a year ago. She advised that the other alternatives have already been reviewed, but she's willing to review them again. Council Member Sniff agreed, pointing out that all of the cities and the County participated on the task force for three years and a general assembly was held as well. He suggested that this item be continued to May 20th and that a discussion be agendized for the next meeting to discuss setting up a roundtable discussion meeting of all the valley cities and the County. MOTION It was moved by Council Members Sniff/Henderson to continue the * consideration of the Coachella Valley*Solid Waste Management Authority Joint Powers Agreement to May 20, 1 997 and to direct staff to set up a roundtable discussion meeting of all the valley cities and County with the City of La Quinta as the host city for the purpose of discussing the JPA and any other viable options. Council Member Adolph wished to see alternatives presented by Waste Management and the cities of Indlo, Coachella, and Palm Springs, without the inclusion of the transfer station since the consensus of the cities seems to be against it. Mayor Holt advised that she heard some of the alternatives presented at the general assembly meeting and she felt that is why some of the cities and County have not been willing to join the JPA. She was concerned that the JPA could put a lot of financial strain on the City and pointed out that the City can always join the JPA at a later date. Motion failed with Council Members Adolph and Perkins and Mayor Holt voting NO. MINUTE ORDER NO.97-40. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 5 March 1 8, 1 997 2. CONSIDERATION OF THE CONSTRUCTION OF THE PROPOSED PUBLIC POOL AT THE FRITZ BURNS PARK. Mr. Vogt, Public Works Director, advised that on December 17, 1996, Council directed staff to set aside $518,000 for a pool and facilities at Fritz Burns Park and staff was given three months to pursue a contract for the maintenance and operation of the pool with an outside agency for an annual amount not to exceed $30,000. He advised that the YMCA and Coachella Valley Recreation & Park District CVRPD) were contacted, but the YMCA has not responded and, although, CVRPD has voiced an interest, they are unable to make a commitment until after the vote on their assessment is held on June 25th due to Proposition 218 requirements. Staff recommended that the three-month time limit be extended until CVRPD has completed their election and advised that private businesses would also be contacted in regard to a public/private partnership for the maintenance and operation of the pool. Robert Metkus, 78-870 Villeta Drive, commented on the amount of time spent on this issue and the elimination or lack of moving forward with the Seely Park and high school community park. He also questioned why there are no trees on the north side of Adams Park and only four or five tables with no trees and no shade. The park was intended to be a neighborhood park, but has turned into a community park because people come from other communities to use it. He felt that some of the money should be used to hire a security guard and better code enforcement for the park instead of spending it on the Fritz Burns Park and requested that the streets around Adams Park be posted with no parking" signs. Jack Sobelman, 52-81 5 Avenida Martinez, commented on the liabilities and tremendous responsibilities of public pools and felt that the City should be adequately insured for such possibilities. Joan Rebich, 53-810 Avenida Cortez, advised that CVRPD operates five other pools in the valley and she commented on the programs and events that they sponsor. She urged Council to take the necessary steps to begin the process of building this community pool and to give the City's youths an opportunity to participate in the fine programs sponsored by CVRPD. Council Member Henderson felt that the $51 8,000 is being held hostage while other needs for the funds exist and she asked if a 50% or 3/4-majority vote would be needed for the CVRPD assessment to which Ms. Honeywell, City Attorney, advised that she didn't know. Council Member Henderson advised that the 9/90 program being voted on in June is needed for CVRPD to continue providing their services and if it's not approved, they will no longer be BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 6 March 1 8, 1 997 operating public pools in the valley. A portion of the City's Lighting & Landscaping Assessment District may soon have to go to the residents for a vote and she didn't know why the voters would support the assessment if Council is spending funds in a direction that is not fiscally responsible. She felt that there were enough issues on the priority list to move forward with and asked about the status of the tennis courts resurfacing. Mr. Vogt advised that two of the courts are scheduled to be converted to a roller-blade rink and staff was waiting on the resurfacing until the Adams Park restroom survey is completed in May and when the priority list would once again be brought back to Council for review. Staff also wished to include the individual park improvements in the Five-Year Capital Improvement Program. Council Member Henderson felt that direction has already been given to staff in January to move forward with the resurfacing of the tennis courts and installation of playground equipment at Fritz Burns Park and understood that the Adams Park restroom issue was to be explored. In response to Council Member Henderson, Mr. Vogt advised that two tennis courts would be converted, leaving six to be resurfaced for tennis. Council Member Henderson wished to see authorization given to move forward with these improvements and to see shade trees planted at both parks for this summer. Council Member Adolph agreed, but felt that the current issue is the pool. Council Member Sniff supported continuing this matter until July 1, 1 997, until after the CVRPD election. Mayor Holt concurred. Council Member Perkins advised that he was uncomfortable with the pool cost estimates and felt that more definitive information is needed. He was also concerned about what would happen if in the future, CVRPD is unable to honor a contract for maintenance and operation of the pool. In response to Mayor Holt, Mr. Vogt advised that Berryman & Henigar's cost estimate was based on the cost of a pool 1 5 years ago with an inflation factor added. The lower cost estimate was based on the estimates of two different pool contractors, but he advised that the only way to get an accurate cost figure is to put it out for bid. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 7 March 1 8, 1 997 Mr. Genovese, City Manager, advised that Council set aside $518,000 for the pool, restrooms, fencing, and staging area and the costs will not exceed that amount. He added that staff won't know what the City can get for that amount until it goes out for bid. Council Member Sniff felt that the issue should be continued to July 1st. Council Member Henderson felt that it shouldn't be continued and that the funds should be made available for other park improvements. MOTION It was moved by Council Members Sniff/Adolph to continue the matter of construction of the Fritz Burns Park Pool to July 1, 1 997. Council Member Adolph supported the continuance and felt that CVRPD should have the opportunity after their election to consider a commitment for maintenance and operation of the pool. He advised that he would continue to support the pool as long as it and the related facilities can be built for $518,000 and that an outside contractor contracts to maintain and operate the pool with a surety bond to insure that the City doesn't get stuck with the maintenance and operation costs at a later date. He saw this as a financial issue, not a pool issue and as long as it doesn't put the City into a financial obligation problem, he will support it. In response to Mayor Holt, Mr. Genovese advised that the tennis courts resurfacing and playground equipment were delayed because of not knowing how much the Adams Park restrooms would affect the $146,000 set aside for such improvements. He suggested going ahead with the six tennis courts and agendizing a discussion about the playground equipment on May 6th when the Adams Park restroom issue would be discussed. In response to Council Member Henderson, Council Member Adolph clarified that he wished to see a surety bond or guarantee for the maintenance and operation qf the pool to protect the City from being responsible for such activities over the next 10-year period. Council Member Henderson suggested that staff research the feasibility of obtaining such a bond or written guarantee and include that information in the next report. * Motion carried with Council Members Henderson and Perkins voting NO. MINUTE ORDER NO.97-41. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 8 March 18,, 1997 3. CONSIDERATION OF AUTHORIZATION TO REQUEST PROPOSALS FOR DESIGN PROFESSIONALS REGARDING CIVIC CENTER CAMPUS IMPROVEMENTS. Mr. Vogt, Public Works Director, advised that staff was requesting authorization to distribute an RFP for design services regarding the Civic Center Campus improvements and recommended that Council appoint the Community Development Director, Building & Safety Director, and Project Manager from the Engineering Department to the Consultant Selection Committee. He advised that the scope of services developed will provide a design that will be functional and aesthetically pleasing both now and in the future. In response to Council Member Adolph, Mr. Vogt advised that the original campus plans would be used in the design as well. He further advised that the consultant would be compensated for only those workshops that are held and that four are listed in the RFR for flexibility purposes. Council Member Adolph pointed out that public input hasn't been very strong in the past and suggested one workshop in the afternoon and one in the evening. Council Member Perkins advised that he was pleased that this is moving forward. Council Members Sniff and Adolph volunteered to serve as observers on the Consultant Selection Committee. Mayor Holt didn't feel that Council involvement was necessary. Council Member Perkins felt that even as an observer, the Council Members would still be participating and he didn't feel that was proper at this point in the process. Council Member Henderson agreed. Mayor Holt felt that Council should be involved with the design process, but not in the consultant selection process. MOTION It was moved by Council Members Sniff/Adolph to appoint a Consultant Selection Committee consisting of the Community Development Director, Building & Safety Director, and the Project Manager from the Engineering Department and authorize distribution of a Request for Proposals. Motion carried unanimously. MINUTE ORDER NO.97-42. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 9 March 1 8, 1 997 4. CONSIDERATION OF A REIMBURSEMENT AGREEMENT AND MEMORANDUM OF UNDERSTANDING FOR THE PRELIMINARY ENGINEERING AND FINAL DESIGN OF THE JEFFERSON STREET ULTIMATE IMPROVEMENTS FROM AVENUE 54 TO INDIO BOULEVARD. Mr. Vogt, Public Works Director, advised that the proposed Reimbursement Agreement and Memorandum of Understanding MOU) is for the preliminary engineering and final design of the Jefferson Street ultimate improvements from Avenue 54 to lndio Boulevard, Participants are CVAG the County of Riverside, and the cities of lndio and La Quinta. The design contract will be funded 50% by CVAG under the Measure A" Funds Program with the remaining 50% distributed on a percentage basis based on the amount of lane miles within the three jurisdictions. The original intent was for lndio to be the lead agency, but the scope of the project increased and with the majority of the area being in La Quinta, it* seemed more logical for La Quinta to take the lead. The MOU provides for Measure A" funding in the amount of $600,000 for the design with $78,260 being used for the City's administrative costs which CVAG has agreed to fund since La Quinta is the lead agency. The cost percentages will be determined at the beginning of the project so that each city is aware of their share of costs up front. The design will be completed under federal guidelines which will qualify each jurisdiction for federal funding should it become available. The MOU will need to be approved by the other jurisdictions and CVAG if approved by this City Council. As lead agency, La Quinta will award the contract which will provide the ultimate design for Jefferson Street and include everything needed up to the point of construction. Upon completion of the design, each jurisdiction will consider the development of a second reimbursement agreement and MOU to pay the portions of each jurisdiction. The funds will be deposited in a trust account to be used for this project at the City's discretion. In response to Council Member Henderson, Mr. Vogt advised that the permit expirations would depend on the negotiations with the various permitting agencies involved. In response to Council Member Adolph, Mr. Vogt advised that these costs will be reimbursed to the City through the Development Fee Program as future developments take place on Jefferson Street. MOTION It was moved by Council Members Sniff/Henderson to approve a Reimbursement Agreement and Memorandum of Understanding between the City of La Quinta, the City of lndio, the County of Riverside, and the Coachella Valley Association of Governments CVAG) for the Preliminary Engineering and Final Design of the Jefferson Street ultimate improvements from Avenue 54 to lndio Boulevard. Motion carried unanimously. MINUTE ORDER NO.97-43. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 1 0 March 1 8, 1 997 5. CONSIDERATION AND AUTHORIZATION TO SEND OUT A REQUEST FOR PROPOSALS FOR AUDITING SERVICES AND APPOINT A SELECTION COMMITTEE. Mr. Falconer, Finance Director, advised that the City is required to have an annual audit by a certified public accounting firm and the current contract with Conrad & Associates has expired. Staff recommended that Council authorize staff to proceed with the selection process or direct staff to renegotiate a contract with Conrad & Associates. Should the selection process be authorized, a Consultant Selection Committee should be appointed and distribution of the RFP authorized. Mayor Holt supported renegotiation with Conrad & Associates. Council concurred. In response to Council Member Adolph, Mr. Falconer advised that contract periods for auditing services vary, noting that the previous contract with Conrad & Associates was for five years and the auditor prior to that was with the City for eight years. Some cities have a standard rotation policy, but others retain the same auditors for many years. lt*s important that the City receive a fresh look at their records each year and that the auditors are not getting stale, but he felt that Conrad & Associates' past performance has been exemplary and that the City has received relatively good feedback from them. He advised that he wouldn't hesitate in retaining them. Council Member Henderson felt that Conrad & Associates has done an excellent job, but was concerned about the stale issue. Should an RFP go out, she recommended that two Investment Advisory Board Members sit on the selection committee in lieu of Council Members participating. She otherwise suggested that the renegotiation be for a two or three-year contract instead of locking the City into a five-year contract. MOTION It was moved by Council Members SniffiHenderson to direct staff to renegotiate a contract with Conrad & Associates for auditing services and see what they come up with. In response to Council Member Perkins, Ms. Honeywell, City Attorney, advised that the City's service contracts can be terminated for any reason with a 30- day notice and that the purpose in setting a contract period is to mark a time for Council to review the contract again. Motion carried unanimously. MINUTE ORDER NO.97-44. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 11 March 1 8, 1 997 6. CONSIDERATION OF AN AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE ADDING CHAPTER 2.05, ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES. Mrs. Juhola, City Clerk, advised that Proposition 208 is the new California Political Reform Act that was passed by the voters in November. It imposes a $1 O0 campaign contribution limit in local elections, however, the limit can be increased to $250 if a voluntary expenditure ceiling is established by the Council and the candidates accept it. The ceiling can be set anywhere up to $1 per resident and if La Quinta's limit is set at $1, the expenditure limit would be $18,046. If the ordinance is not adopted, candidates in November will be limited to accepting contributions of $100 or less from any one person and there will be no limit on expenditures. The candidates own personal funds are not limited. She advised that the City of Palm Desert has established a ceiling of $0.75 per resident, but the other cities have not yet considered the issue. In response to Council Member Sniff, Mrs. Juhola advised that if the ordinance is adopted, then upon the second reading, Council will need to adopt a resolution establishing the City's population that will be re-established for each election as the population changes. She advised that the population figure is received from the California Department of Finance in May each year. In regard to the current court challenge, she advised that the judge has refused to issue an injunction and a ruling is not anticipated until October. In response to Council Member Adolph, Mrs. Juhola advised that a person" includes a company. Council Member Adolph didn't have a problem with the $1 per resident, but has a problem with increasing the contribution limit to $250 because of businesses that might try to buy favoritism. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.300 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.300 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING THE LA QUINTA CHARTER AND MUNICIPAL CODE; ADDING CHAPTER 2.05, ESTABLISHING A VOLUNTARY CAMPAIGN EXPENDITURE CEILING FOR ELECTIONS TO CITY OFFICES. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 12 March 18,, 1997 It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 300 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Holt NOES: Council Member Adolph ABSENT: None ABSTAIN: None CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MARCH 18, 1997. 2. TRANSMITTAL OF TREASURY REPORT DATED JANUARY 31, 1997. 3. APPROVAL OF OVERNIGHT TRAVEL FOR ONE ANIMAL CONTROL OFFICER TO ATTEND THE CALIFORNIA ANIMAL CONTROL DIRECTORS' ASSOCIATION 26TH ANNUAL TRAINING CONFERENCE AT THE CAPITOL PLAZA HOLIDAY INN, SACRAMENTO, CALIFORNIA, APRIL 2-4, 1997. 4. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE LIBERTY MUTUAL LEGENDS OF GOLF TOURNAMENT TO BE HELD MARCH 17-23, 1997. 5. ADOPTION OF A RESOLUTION APPROVING THE REVISED TEXT OF THE LA QUINTA BICYCLE TRANSPORTATION PLAN. 6. APPROVAL OF AMENDMENT NO. 1 TO THE CONTRACT SERVICE AGREEMENT FOR THE REVISION OF THE DEVELOPMENT FEE STUDY REPORT. 7. APPROVAL OF PLANS AND SPECIFICATIONS AND AUTHORIZATION TO ADVERTISE FOR BIDS TO CONSTRUCT THE. AVENUE 48 EXTENSION, PROJECT NO.96-07. 8. AWARD OF CONTRACT FOR INSTALLATION OF LANDSCAPE IMPROVEMENTS, BEAR CREEK CHANNEL BIKE PATH, URBAN FORESTRY PROJECT, PROJECT NO.95-10. 9. ACCEPTANCE OF FINAL TRACT MAP 26188, DEL REY AT LA QUINTA NORTE. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 . " City Council Minutes 1 3 March 1 8, 1 997 10. ACCEPTANCE OF IMPROVEMENTS FOR PROJECT NO.95-04, ADAMS STREET EXTENSION/FOUR SIGNALS. 11. CONSIDERATION OF A RESOLUTION AUTHORIZING APPROVAL OF THE RIVERSIDE COUNTY TRANSPORTATION COMMISSION'S AMENDMENT TO ORDINANCE NO.88-i. 12. CONSIDERATION OF A CONTRACT SERVICE AGREEMENT FOR REDEVELOPMENT, HOUSING, AND ECONOMIC DEVELOPMENT WITH ROSENOW SPEVACEK GROUP. 13. APPROVAL OF CONTRACT CHANGE ORDER NO. 1, EXTENSION OF PROFESSIONAL SERVICES AGREEMENT WITH INTERSTATE SWEEPING, INC. FOR SUPPLYING CITYWIDE STREET SWEEPING SERVICES. MOTION It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and with Item Nos. 4, 5, and 1 1 being approved by RESOLUTION NOS. 97-15, 97-16, and 97-17 respectively. Motion carried unanimously. MINUTE ORDER NO.97-45. Council Member Henderson was pleased to see some of the capital improvement projects moving forward. STUDY SESSION None REPORTS AND INFORMATIONAL ITEMS Chamber of Commerce Workshop/Information Exchange Committee Council Member Henderson advised that the Chamber of Commerce Workshop was rescheduled for March 21,, 1997. C. V. Mountains Conservancy Council Member Sniff advised that he was recently elected as Vice Chairman of the conservancy and Al Mooth, of the University of California was elected as Chairman. Palm Springs Desert Resorts Convention & Visitors Bureau Council Member Adolph advised that CVB has embarked on a new international marketing plan by distributing an international travel planner to foreign countries. They've also begun a new Green Desert Award Program wherein businesses will be presented an award for outstanding environmental work within their business concepts and have drafted a sample letter for cities to use in welcoming new businesses. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 14 March 18, 1997 Council Member Perkins shared a letter from SCORE that he felt might help the City in helping small businesses. All other reports were noted and filed. DEPARTMENT REPORTS F-i. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED JANUARY 31, 1997. MOTION It was moved by Council Members Sniff*Adolph to receive and file the Revenue & Expenditures Report dated January 31, 1 997. Motion carried unanimously. MINUTE ORDER NO.97-46. MAYOR AND COUNCIL MEMBERS* ITEMS None Council recessed to the Financing Authority meeting. Council reconvened and recessed to the Redevelopment Agency meeting and Closed Session. Council reconvened and recessed again to*the Financing Authority meeting. Council reconvened and recessed to Closed Session to and until the hour of 7:00 p.m. CLOSED SESgION Mayor Holt abstained from participating in Item No.2 as she has done consistently. 1. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation Granite Construction, Case No. 086195. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding existing litigation Stamko Development Co., Case No. INC 000492. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 1 5 March 18, 1997 3. Conference with legal counsel pursuant to Government Code Section 54956.9(a), regarding ongoing litigation Nicholson EEOC, Charge No. 345970207. 7:00P.M. PUBLIC COMMENT Gertrude Cheney, 54-255 Avenida Carranza1 expressed a wish to have a college in La Quinta for seniors to attend. John Cook, 5*9OO Avenida Rubio, spoke regarding dust problems in the Cove related to the Tradition Project and asked that the dust control ordinance be enforced. PUBLIC HEARINGS 1. CONTINUED CONSIDERATION OF ZONING ORDINANCE AMENDMENT 96-053, AMENDMENT TO SECTION 9.60.130 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO RECREATIONAL VEHICLES. The Mayor declared the PUBLIC HEARING OPEN. Mr. Herman, Community Development Director, advised that the proposed amendment to the zoning ordinance is related to the parking and storage of recreational vehicles R**s) within the City. On October 1, 1 996, Council directed staff to not enforce the RV regulations contained in the new Zoning Ordinance and created a telephone hotline for residents to obtain updated information regarding the RV regulations. The regulations were sent back to the Planning Commission for review and recommendation and on December 1 7, 1 996, Council considered the Planning Commission1 5 recommendations and continued the matter to March 18, 1997. On January 7, 1997, Council appointed an RV Ad Hoc Committee to review the regulations and report back to Council and after three meetings, the committee recommended changes as contained in the staff report. In response to Council Member Perkins, Mr. Herman advised that the 72-hour limit for parking on public streets applies to anywhere within City limits. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 16 March 18, 1997 In response to Council Member Adolph, Mr. Herman advised that temporary" parking is anything under 72 hours. In response to Council Member Adolph, Mr. Hartung, Building & Safety Director, advised that the National Electric Code allows a properly-sized extension cord to be used as long as it comes from an approved source and does not cross over a sidewalk or street. He advised that other sections of the City Code would be used to address the condition of the RV and parking of such on blocks. He further advised that these concerns could also be addressed in this section of the Code and Council Member Adolph advised that he would be more comfortable with that. Mike Seems, 52-925 Avenida Bermudas, advised that he served on the ad hoc committee and thanked Council and staff for their support on this issue. In regard to the condition of RV's, he advised that the committee's recommendations were based on street-legal RV's and they understood from staff that the abatement of any inoperable RV would be addressed in other sections of the Code. Keith Sellers, 53-810 Avenida Mendoza, felt that the 72-hour, parking limit should be clarified to be enforceable. Dan Bresnahan, 79-1 50 Camino Del Oro, agreed that the 72-hour parking limit should be clarified, pointing out that under the proposed language, an RV could be driven outside of City limits and returned the same day and never be in violation of the ordinance. He also felt that a punitive section is needed in the drdinance as well as an enforcement section. Robert Atkins, 52-470 Avenida Madero, was opposed to people using RV's as living quarters for out-of-town guests for up to two weeks and felt that RV street parking shouldn't be allowed at all. John Cook, 5*900 Avenida Rubio, supported the ordinance and urged Council to provide RV owners a reasonable time period to comply with the RV pad requirements. Robert Tyler, 44-21 5 Villeta Drive, noted that the State Vehicle Code limits street parking to 72 hours, but felt the ordinance should define when the time period begins; when the vehicle is actually parked or when it's addressed by Code Enforcement. Andy Dean, 52-880 Avenida Diaz, advised that he recently received a warning from Code Enforcement about a small trailer that was parked on the street in BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 1 7 March 1 8, 1 997 front of his home while he was building a work bench. He felt that Code Enforcement's priorities are out of order and have become too repressive. A. C. Moore, 53-795 Avenida Juarez, was concerned about too much government intervention in citizens' lives and advised that there weren't any restrictions when he moved to La Quinta. He felt that during the committee meetings, those on both sides of the issue came to an understanding of each other and came up with a reasonable and workable solution to the problem. He wasn't sure that it's worth living in La Quinta if the City is going to continue imposing on the freedom of the residents. Robert Burt, 52-1 50 Avenida Vallejo, advised that these issues were all discussed in the ad hoc committee meetings and he urged Council to adopt the ordinance. He felt that the people are expecting a reasonable res*onse to this proposal. Naomi Smith, 53-802 Avenida Rubio, agreed that government intervenes too much in citizens' lives and felt that residents should be able to park RV's on their own property unless it's a fire hazard or imposing on someone else's life. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Henderson advised that she listened to the ad hoc committee meeting tapes and felt they did a great job. She, too, was concerned about the enforceability of the 72-hour parking limit and suggested it be clarified to be 72 hours within any seven-day period. She felt language should be added to clarify that parking on adjacent vacant lots is allowed only if the property is owned by the RV owner. She thanked staff and the committee for their work on this together. Council Member Perkins felt that it's a workable ordinance and didn't have a problem with the 72-hour parking limit, but felt that the regulations should include a tow-a-way provision. He felt that RV parking on the street is the biggest concern for everyone and advised that the 72-hour time limit begins when the tires are marked by the Sheriff or Code Enforcement Officer. He didn't feel that the restrictions would take away citizens' rights and believed that rules and regulations are needed to avoid anarchy. Mayor Holt advised that she was pleased with the cooperation and results of the ad hoc committee and felt that it's impossible to draft an ordinance that will make everyone happy. She supported moving forward with the ordinance with a few clarifications added. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 18 March 18, 1997 Council Member Adolph felt it's important to adopt City Codes that are fair and understandable to everyone. He was pleased that everyone worked together to come up with a solution. Council Member Sniff complimented staff and the ad hoc committee for dealing with this issue with great skill and tolerance. He supported their effort and didn't have any problem with the proposed ordinance because he felt that government interpretations are sometimes too excessive. He favored limited government where the rules are clearly understood and where government is a facilitator and protector, but not excessively involved. Council Member Henderson advised that she spoke to Pete Platamone who served on the ad hoc committee, but was unable to attend this meeting and reported that he was delighted with how the group worked together and advised that he supported the ordinance. Council Member Perkins agreed with Council Member Henderson about adding language to clarify the 72-hour time limit and wished to include a tow-a-way provision. He also wished to see a section added on the intent of the ordinance as well as the purpose. Mr. Herman understood the changes to be as follows: 1) add a section on intent of the ordinance, 2) make the 72-hour period a consecutive period, and 3) add language to Paragraph 2 of Section C(2), stating that a property owner who owns a vacant lot immediately adjacent to their permanent place of residence, may park their RV on said lot with appropriate pad. Council Member Henderson understood that the concern was to address the parking of RV's on vacant lots that are not owned by the property owner. Mr. Herman felt that the intent was to allow RV's to be parked on adjacent lots as long as the RV owner owned both lots, with or without a fence and improved or unimproved and it was not the intent to create RV parking areas on vacant lots that someone owns without a primary residence. Council Member Adolph wished to also include a reference to other related code sections. Mr. Herman noted that Code Enforcement has the right to issue citations for violations of any section of the Municipal Code.' BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 1 9 March 1 8, 1 997 MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.301 as amended by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.301 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING SECTION 9.60.130 OF THE LA QUINTA MUNICIPAL CODE AND PROVIDING A NEW SECTION 9.60.130 OF THE MUNICIPAL CODE REGARDING RECREATIONAL VEHICLE REGULATIONS. It was moved by Council Members Sniff/Adolph to introduce Ordinance No. 301 as amended on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Holt NOES: None ABSENT: None ABSTAIN: None 2. TENTATIVE TRACT 28498 AND ENVIRONMENTAL ASSESSMENT NO.97-336 SUBDIVISION OF 98 RESIDENTIAL LOTS INTO 96 RESIDENTIAL LOTS WITH PRIVATE STREETS AND ACCESS INTO RANCHO LA QUINTA LOCATED NORTH AND EAST OF THE INTERSECTION OF SAGEBRUSH AVENUE AND DATE PALM DRIVE. APPLICANT: T. D. DESERT DEVELOPMENT. Mr. Herman, Community Development Director, advised that the applicant has requested that this matter be continued for 30 days to resolve some outstanding items. MOTION It was moved by Council Members Sniff/Henderson to continue the public hearing on Tentative Tract 28498 and Environmental Assessment 97- 336 to April 1 5, 1 997. Motion carried unanimously. MINUTE ORDER NO.97- 47. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 20 March 1 8,1 997 3. CONDITIONAL USE PERMIT 96-031, TENTATIVE TRACT MAP 28470, CHANGE OF ZONE 96-081, SITE DEVELOPMENT PERMIT 96-599, CERTIFICATE OF APPROPRIATENESS 96-001, AND ENVIRONMENTAL ASSESSMENT 96-333 FOR SUBDIVISION OF 747 ACRES INTO 242 CUSTOM RESIDENTIAL LOTS AND AN 18-HOLE GOLF COURSE; CHANGE TO A PORTION OF THE EXISTING RL ZONING TO GC GOLF COURSE) AND A CONDITIONAL USE PERMIT TO ALLOW SIX RESIDENTIAL LOTS, TWO GOLF TEE BOXES, TWO STREETS IN THE HILLSIDE CONSERVATION ZONING DISTRICT, AND DEVELOPMENT PLANS FOR A CLUBHOUSE, MAINTENANCE BUILDING, CART BARN, AND HALF-WAY HOUSE TO SERVICE THE GOLF CARTS; PROJECT LOCATION IS SOUTHERN TERMINUS OF WASHINGTON STREET AND EAST OF AVENIDA BERMUDAS. APPLICANT: TRADITION CLUB ASSOCIATES, LLC. The Mayor declared the PUBLIC HEARING OPEN. Ms. di lono, Planning Manager, advised that on January 1 6, 1 997, the Historic Preservation Commission recommended approval of the rehabilitation of the Hacienda Del Gato and grounds and on March 4, 1 997, the Planning Commission recommended conditional approval of the proposed applications. She then presented a video and reviewed the various aspects of the project site Ms. Mouriquand, Associate Planner, presented an overview of the history of the property and past City approvals, advising that a tentative tract for this property was approved in 1 984 for 723 units and a golf course. In 1 986, CVWD constructed a large retention basin on the property and in doing so, scarred the alluvial fan areas in mining the area for fill dirt and rocks. A second project was approved in 1 986, consisting of 335 single-family units and in 1 993, Council approved a tentative tract that remains valid until June 1 5, 1 998, for 399 single-family units and a golf course. In response to Council Member Henderson, Ms. Mouriquand confirmed that the 1 993 project is higher-density with higher lot elevations and is a valid project until June 1 998. Ms. di lono advised that the 1 993 tract has eight lots on the alluvial fan that are 1 5 feet higher than the six currently proposed for this tract. Ms. Mouriquand advised that under the current proposal for 242 custom home lots, six lots are located in the southern alluvial fan and part of the golf course is located in the northern alluvial fan, making both areas subject to a Conditional Use Permit. The project consists of five lakes throughout the golf course, the hacienda complex and new buildings, a half-way house, a main entry off of Avenue 52 and secondary, emergency accesses at Calle Nogales, BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 21 March 18, 1997 Avenue 52, and next to the fire station. The developer proposes to re-vegetate the hillside area in the northern alluvial fan to retain the natural look. She presented a slope analysis for the southern alluvial fan area, advising that the existing topography of the three higher lots is in the 15,. 12, and 10% slope range and the lower lots are in the 0-10% and 10-12.4% slope range. The applicant has prepared a view-shed study of the six-lot area from two different locations. The first view is from Calle Colima and Avenida Bermudas and from there the grade level of the uppermost lots would be at 1 82 feet. The study showed that once the perimeter wall is constructed, the wall would be higher than the pad elevation and with 10 years of mature landscaping, a 1 7-foot-high home on the highest lot would be blocked from view. From the second location at Calle Nogales and Avenida Bermudas, the study showed the uppermost lot to be below the top of the wall and with 10 years of mature landscaping, a 1 7-foot-high home would be slightly visible above the wall, but eventually blocked from view by mature landscaping. She presented photographs and materials that demonstrated the similarity of the architecture of the new buildings with the features of the existing hacienda. She advised that a meandering sidewalk with trees and shrubbery would be constructed along Avenue 52. The landscaping along Avenida Bermudas will range from 1 0 to 32 feet wide, not including the existing eight-foot-wide sidewalk and the wall will be constructed of light-colored, slump block. In response to Council Member Adolph, Ms. Mouriquand advised that the prior tract approval is still in effect and included eight lots that are higher than the six in the proposed project. In response to Council Member Sniff, Ms. Mouriquand advised that the developer will be required to construct a wall along both sides of the entire length of the project on Avenue 52 which includes the unwalled areas on the north side. Mike Wales, 52-870 Avenida Montezuma, stated that scarred" is a subjective term and not a legal term. He noted that the lots along Avenida Bermudas are supposed to be no higher than one foot above the street, but appear to be quite higher than that and the berms are higher than two feet in some areas, especially near Fritz Burns Park. He felt that the wall design should be more- clearly defined and perhaps more historical in design by using block as opposed to slumpstone. The heights of the homes, whether one or two-story, are not clearly defined in the report and he noted that the visual study was based on a 17-foot-high home and the applicant is also proposing to build 22-foot-high homes on the upper lots which will affect the results of their study. He noted that the environmental study is not specific in regard to the project's impact on bighorn sheep as suggested by the Mountains Conservancy and pointed out BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 22 March 1 8, 1 997 * that the sheep will be subjected to danger by the attraction of the lush landscaping and the development in the hillside area will restrict their corridor. He questioned the archeological sites being properly protected and the elimination of the fire house improvements. He also felt that the bus shelters should be further defined. He urged Council to spend more time on this project to insure the satisfaction of all concerned. Mike Rowe, 41-865 Boardwalk, Suite 101, Palm Desert, of Winchester Development, representing Cienna Corporation Tradition Club Associates, LLC), commented on the world-class and environmentally-sensitive projects they have developed and advised that this project was redesigned from 400 to 242 homes to provide a t;etter quality project for the market and the area. They've incorporated the tradition of the hacienda in the theme of the project, using materials related to the area's past history. They don't feel that the project is a threat to the hillside and have dedicated 283 acres above the toe of the slope approximately 38% of the project area) to open space. They also don't feel that they are setting a precedent for the development of the west side because their current proposal is less than what has already been approved, asking to build six lots in one area instead of two areas and with lower elevation. In regard to scarring, he advised that the burnt-orange area is native rock that has been burned by the sun and the grey area is the scarred area that was mined for the flood control project and where pad sites were developed for a previous project and he advised that the project will not extend beyond the toe of the slope and the limits of the scarred area. He felt that some of the residents have been misled about the project. A meandering wall will be used with the perimeter landscaping to break up the long, linear look of the walls along Avenida Bermudas and Avenue 52, winding back and forth with the position of the interior streets. He asked for Council's consideration in regard to Condition No.4 of the Conditional Use Permit, advising that the fill road is needed to access the six lots in thealluvial fan area without impacting the integrity of the existing flood control channel. In reference to Condition No.43 of the Tentative Tract Map, he wished to include Avenida Bermudas which he felt might provide some opportunities that they could use for some reimbursements and help satisfy some of their concerns along that area. He also asked that the building-height restriction in Condition No.81 be changed to 22 feet to allow some variation in the heights and provide more architectural flavor to the project. He further requested that a caveat be added to Condition No.8 of the Site Development Permit, that would read or as approved by the Riverside County Fire Marshal.'* He advised that Ron Gregory, their landscape architect was present to address questions regarding the perimeter landscaping. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 23 March 1 8, 1 997 Ward Young, 55-450 Riviera, understood that the under the zoning ordinance, only one lot is allowed for each ten acres. He also understood that the six lots in the hillside area are within 30 acres of a 60-acre area which he felt was contrary to the ordinance and possibly an attempt to accomplish an ulterior purpose. He urged Council to delay approval until they are sure that the project is not in violation of the City's ordinance. Naomi Smith, 53-802 Avenida Rubio, understood that the property owner has a right to develop this property, but she objected to the allowance of six residential lots and golf tees in an area that was designated as hillside conservation prior to the inc9rporation of the City. She felt there should be a line drawn between meeting the needs of population growth and personal gain and that Council should stand up for the people if the developer is going to lack consideration and respect for the community. She urged Council to either move the six homes or deny them completely. Mike Seems, 52-925 Avenida Bermudas, nQted that height was an issue during the last project proposal and advised that the existing berms are higher than what is proposed, some even higher than the chain-link fence. He stated that he had problems getting approval for a wall on his property and yet the six-foot perimeter wall on this project will be constructed on a two-foot berm. He also agreed that dust control has been a problem with this project. He has a problem with 22-foot-high homes and questioned what would happen to the drainage basin at Calle Nogales if an emergency access is built there. He advised that he supported the project except for these considerations. Joan Rebich, 53-810 Avenida Cortez, felt that the mountains are a benefit of living in the Cove and, although, she welcomes new development, she was opposed to it encroaching on the hillsides. She urged Council to retain the natural state of the hillsides. Jeff Smith, 54-631 Avenida Alvarado, didn't feel that walled corridors are in keeping with the desert environment and questioned the need for a wall on the north side of Avenue 52. He commented on the wrought-iron fencing that is used in conjunction with walls to break up the separation of the community at Bighorn in Palm Desert and suggested that something similar be done along Avenida Bermudas. He felt that most of the residents were previously unaware of the prior project approval and didn*t believe that such approval justifies the allowance of the proposed six lots. He felt that the construction of a perimeter wall and tall trees to hide the development from view is of no consolation to Cove residents, noting that it's the mountains that make La Quinta what it is. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 24 March 1 B, 1997 A. S. Attenbach, 52-985 Avenida Bermudas, was concerned about the lot heights across the street from his house and believed that the trees would completely block his mountain view. He felt that approval of hillside development would' be a big mistake and establish a precedent. Kay Wolff, 77-227 Calle Ensenada, felt that residents have become more sensitive to the beauty and viability of the La Quinta mountains because of the encroachment of other mountain areas by developers. She believed that many residents live here because of the mountains and felt that it's an issue shared by residents throughout the City. She further believed that it would be a viable project without the six lots and urged Council to preserve the City's hillsides. Bob Griftes, 5*805 Avenida Madero, spoke in opposition to the six lots on the hillside and urged Council to adhere to the Hillside Conservation Ordinance. Fred Wilson, 77-270 Calle Chihuahua, agreed that people live here because of the mountains and noted that a Hillside Conservation Ordinance was adopted to stop developments such as this. He felt that the six homes would be of no benefit to the City or its citizens or even be necessary for the success of what is otherwise a first-class project. Fred Wolff, 77-227 Calle Ensenada, was concerned about the Conditional Use Permit and felt that anyone else would have been required to submit applications for a General Plan Amendment and a Change of Zone. He felt that clustering the six homes together based on the availability of 60 acres was a violation of the intent of the ordinance. He stated that the mountains are practically sacred to the residents of the Cove and urged Council to represent the residents, not a speculator who wants to build here. Dr. Jack Wilson, 53-960 Avenida Montezuma, felt that it's a great project except for the encroachment on the hillside and urged Council to reject that portion of the project. Courtney Wales, 52-870 Avenida Montezuma, spoke in opposition to the development of the hillside area and felt that building homes there would be more of a visual scar than what already exists. John Cook, 54-900 Avenida Rubio, felt the previous approval was a mistake and urged Council to not repeat it. He asked Council to do something about the dust problem and to preserve the night sky by enforcing the lighting ordinance. He was concerned about the materials proposed for the wall and the wall design and felt that it should have some vertical elements. He further BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 25 March 1 8, 1 997 felt that the undulation or changes in the wall are too far apart and asked Council to hold to the 1 7-foot wide setback. Robert Cohen, 77-360 Calle Tecate, stated that he moved here because of the mountains and hoped that Council would make the right decision on this matter. Robert Atkins, 52-470 Avenida Madero, felt the project has a lot to offer the City, but believed consideration should be given to what existed prior to the development and urged Council not to set a precedent by allowing the developer to build on the hillsides. Katie Barrows, 53-298 Avenida Montezuma, advised that she served on the committee that drafted the City's Hillside Conservation Ordinance. She felt very strongly that the City set a precedent when it adopted an ordinance that sets La Quinta apart from the other cities and noted that the integrity of the mountains has been maintained which has drawn many people to the community. She believed the developer has tried to address the concerns of the community and welcomed them on the terms of the community's standards, asking them to respect the goals and wishes of the community. She strongly supported a denial of the six lots and golf tees on the hillside and didn't believe that the elimination of those lots would damage or affect the integrity of the project. She supported a 1 7-foot height limitation and encouraged the use of native plants around the perimeter. She stated that Council may be able to justify approval of the hillside encroachment because of past approvals, but pointed out that many residents live here because of the mountains. John Urquhart, 5*705 Avenida Madero, a resident for 1 7 years, advised that he has always believed that the mountains were public domain and was concerned that once development is allowed in the hillside, it won't stop. He urged Council to not allow building of any kind on any hillside in the City because he felt that it would cause permanent damage to the City. He advised that he didn't have any other concerns with the project. Gary Flanders, 51-345 Calle Paloma, referred to the developer's intent to maintain the tradition of Hacienda Del Gato and advised that the mountains are the tradition of La Quinta and he asked them to leave the mountains alone. John Guenther, 53-235 Avenida Bermudas, felt that this project is better than the projects proposed previously and pointed out that the developer already has approval to build something 1 5 feet higher on the hillside than this current proposal. He applauded the developer for improving on an already-approved BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 26 March 1 8, 1997 project and questioned what the mountain view would be if another developer were to construct 17-foot-high homes every 10,000 sq. ft. directly adjacent to Avenida Bermudas and 200 feet deep from the street. He understood that the setback would be 1 50 feet and felt that a 22-foot-high home at that distance would have less impact on the mountain view than would a 1 7-foot- high home adjacent to Avenida Bermudas. He didn't see any wrong in allowing the developer to build the six homes close together and felt that the dedication of 200-300 acres for open space should satisfy the requirements of conservation. David Sabator, 5*455 Avenida Madero, didn't *eel that the Council owes the developer a hasty decision, but rather owes the residents preservation of the hillsides. Bruce Swan, 78-725 Avenida La Fonda, was opposed to the developer's request for 22-foot high buildings, particularly on Avenue 52 because of the close proximity of the lots to the street. He also noted that a slow-drainage problem will need to be addressed and hoped that the lighting regulations would be maintained. He felt that it's a good project, but didn't believe they should be given the mountains. Teresa Hennigan, 52-355 Avenida Alvarado, urged Council to set a precedent by not allowing any development in the hillside and asked that the lighting ordinance be enforced. Cindy Kasio, 53-270 Avenida Juarez, was concerned about the traffic impact that this project will have on the Cove and suggested restoring the scarred mountains instead of covering them with homes. She also questioned why this development would have eight-foot-wide sidewalks when most of the streets in the Cove don't have any sidewalks. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. In response to Council Member Henderson, Mr. Herman, Community Development Director, read a portion of the Zoning Ordinance, Section 9.140.040 Hillside Conservation Regulations)(J)(1), related to maximum densities and minimum lot sizes which stated that in the Hillside Conservation District, the maximum density permitted shall be one residential unit per ten acres. On a contiguous parcel, which includes areas both above and below the top of the slope, residential units may be clustered together below the toe of the slope to take advantage of buildable areas with lowest slope angles, provided the overall density of the parcel of one unit per ten acres is not BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 27 March 1 8, 1 997 exceeded. Structures shall remain single-family, separated on individual lots, and have an area of at least 20,000 sq. ft." In response to Couricil Member Henderson, Ms. Honeywell, City Attorney, advised that staff believes that section of the ordinance can be interpreted to allow clustering of the six units that could otherwise be spread out over 60 acres. In the proposed plan, the structures will be built below the toe of the slope, thus achieving the purpose of the Hillside Conservation Ordinance which is to encourage all building to be done below the toe of the slope. Council Member Henderson noted that the word cluster' is in the ordinance and confirmed with staff that the developer owns slightly less than 300 acres of mountain property and that the overall project is 747 acres. In response to Council Member Henderson, Mr. Herman advised that any development in hillside conservation areas must have a Conditional Use Permit which require a public hearing before the Planning Cornmission The Planning Commission makes the final decision unless appealed, but in this case it was submitted to Council with the other applications because it's an integrated project. He further advised that all lighting would be required to comply with the Dark Sky Ordinance. In regard to the wall on the north side of Avenue 52, he advised that when Avenue 52 was realigned, the Specific Plan required a wall to be built as a mitigation for noise, separating this property. from the existing residential properties abutting Avenida Nuestra. Avenue 52 runs through the developer's property and except for a small section at the entrance to the development, the City has all of the needed rights-of-way. He advised that the grading plan has been approved by CVWD and they're making sure that the drainage capacity of the basin is maintained. In response to Mayor Holt, Mr. Herman advised that the drainage goes easterly to the retention basin on the south side of Avenue 52, as does the drainage from Calle Rondo. In response to Mayor Holt, Mr. Herman advised that the developer is required to*water the property during grading to alleviate the dust problem and it is monitored by staff, but the soil drys quickly in the wind. Council Member Adolph advised that he toured the project and feels that the developer is trying to control the dust. He has a problem with the back-filling that was done at the toe of the slope because it lessens the slope of the toe of the mountain and he was told that it will be graded back out. He also has a problem with the pad elevations which are as high as the ones across the street approximately 2-3 feet above the centerline of the street) because the BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 28 March 1 8, 1 997 higher the elevation, the more it will affect the mountain view from the west side of Avenida Bermudas. He has a major problem with the amount of grading that's been done because he understood the intent of the grading permit was to do some demolition and preliminary grading, not the extensive work that's taken place, and he didn't believe that the posted bond would take care of restoring the property back to its natural state. He supported the suggestion of using wrought-iron fencing in conjunction with the wall to break it up and add some texture variation, also putting the wall behind a berm would hide some of the wall, but that has not been done. The plans show the wail extending back 10-30 feet from the existing sidewalk on Avenida Bermudas which he questioned because at the southwest corner of the project the property drops down at the sidewalk at a 45* angle and he felt that was a poor concept of the intent to mitigate the distance between the curb and the wall. He wished to maintain the 1 7-foot height limitation to allow residents in the Cove a view of the mountains. He felt Council should take a hard look at the number of walled corridors being constructed in the City. He understood the development's need for a sound barrier and security, but didn't feel that massive walls is the proper way for the City to go in the future. He advised that he couldn't support any disturbance of the mountains. Council Member Sniff felt that it's a great project, but wished to see the developer remove the six lots from the project in the spirit of cooperation and in a good neighbor" effort. He, too, was opposed to walled corridors and agreed with the use of wrought-iron. He was concerned that the eight-foot- high perimeter walls would block most of the mountain view and couldn't believe that the entire project is contingent upon the sale of the six lots on the hillside. Council Member Perkins was pleased with the meeting turnout and felt that 90% of the audience would go along with 90% of the project. He asked the developer to take a look at incorporating wrought-iron fencing with the perimeter wall and at keeping the shrubbery low and colorful. He also suggested landscaping on the north side of Avenue 52 instead of a wall and advised the audience that the eight-foot sidewalk would be constructed by the developer, not the City. He also wished to maintain the 1 7-foot height limitation and to see the developer withdraw the six hillside lots from the project which he felt would make the developer a good neighbor. Mayor Holt felt that it's a wonderful project that will add to the City. She supported maintaining the 1 7-foot height limitation and felt that it's hard to visualize the wall 6n Avenue 52 being different than any other wall and wished to have it looked at. She advised that she couldn't support any development BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 29 March 1 8, 1997 on the hitiside and was concerned about other such proposals coming before the City. She thanked the residents for their attendance and input. In response to Council Member Henderson, Mr. Herman advised that under the current zoning designation, the 1 7-foot height limitation applies to the area within 1 50 feet of Avenida Bermudas and beyond that, the height limitation extends to 28 feet for two-story homes. The conditions of approval as recommended by staff, would limit the building height for the six lots on the hillside and the lots along Avenida Bermudas to 17 feet. He advised that the height limit for two-story homes was recently reduced from 30 to 28 feet when the new Zoning Ordinance was adopted, but the zoning for this property has always permitted two-story homes. At this time, the clubhouse is the only proposed two-story building as there are no plan submittals for the custom residential lots. Council Member Henderson advised that she has a problem with minimum setback widths being used as average widths in Condition No. 9 for the tentative tract and asked what the potential, minimum distance is that the developer may be looking at from behind the curb. Mr. Herman advised that a portion of the wall at the extreme southern end of the project would have a five-foot setback from back of the existing eight-foot sidewalk with everything else along Avenida Bermudas meandering from 1 0-32 feet. Council Member Henderson asked if the developer was asked about removing the existing sidewalk and replacing it with a five-foot meandering sidewalk which would increase the minimum setback to 1 8 feet. Mr. Herman believed the developer is aware of that and advised that the project can be further conditioned to require such action if Council wishes. He further advised that the Noise Study for Avenue 52 requires the construction of a six-foot high wall on the north side of the street to mitigate the traffic noise for the residents on that side and he pointed out that in the case of an eight-foot wall, a six-foot wall is placed on a two-foot berm. Council Member Sniff suggested a continuance for staff to get together with the developer to discuss these concerns. In response to Council Member Henderson, M*. Herman advised that the accesses off of Avenida Bermudas are for emergency only and he wasn*t sure at this time who would be responsible for the Class II bike lanes. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ."City Council Minutes 30 March 18, 1997 In response to Council Member Adolph, Mr. Herman advised that the requirement for a sound wall on Avenida Bermudas was based on existing conditions and the proposed development. He didn't know how it would affect the study if the speed limit was reduced from 45 to 35 mph. He pointed out there are ways to modify the walls with breaks, but it would only reveal the interior street and homes, not the golf course. Mr. Vogt, Public Works Director, advised that speed limits must be posted at the 85th percentile which is 49 mph on Avenida Bermudas. The speed limit was rounded off to 45 mph and anything lower than that would not be enforceable. Council Member Henderson pointed out that the project is in compliance with the recently-adopted Zoning Ordinance which the City must abide by. She didn't like the six lots, but advised that they are legal, just as it's legal to park RV's in residential areas and she pointed out that the residents have stated that they don't believe government shouldinfringe on their personal and private property rights. She advised that she would find it very difficult to deny the project because there's nothing in the proposal that is in violation of anything the Council has been asked to enforce. * Council Member Sniff asked how much time would be needed to hopefully resolve the concerns raised this evening. Mr. Rowe felt that the request to remove the six lots is unreasonable and pointed out that they do have property rights. He believed the other concerns could be worked out and suggested moving forward with the rest of the project and dealing with the six lots later. Council Member Sniff didn't wish to needlessly delay the project, but felt that it should be continued to the next meeting to allow some of the other concerns to be dealt with and he asked the developer to consider removal of the six lots. MOTION It was moved by Council Members SnifflAdolph to continue the matter of the Traditions Project to the next meeting of April 1, 1 997. Council Member Hen ders6n advised that she lives at the top of the Cove and, therefore, would be affected by this project just like everyone else. Motion carried with Mayor Holt voting NO. MINUTE ORDER NO.97-48 BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 ." City Council Minutes 31 March 18, 1997 Mayor Holt advised that Public Hearing Item No.5 would be taken up prior to Public Hearing Item No.4. 5. TENTATIVE TRACT MAP 28457, SITE DEVELOPMENT PERMIT 96-593 AND ENVIRONMENTAL ASSESSMENT 96-332 FOR DEVELOPMENT OF 116 RESIDENTIAL HOUSES ON 33.1 ACRES AND APPROVAL OF NEW HOUSING UNITS RANGING FRbM 1,595 TO 2,730 SQUARE FEET ON PROPERTY. LOCATED NORTH OF FRED WARING DRIVE, 2,600 FEET EAST OF WASHINGTON STREET. APPLICANT: EZ OKIE MR. ROGER SNELLENBERGER, PRESIDENT). The Mayor declared the PUBLIC HEARING OPEN. Ms. di lono, Planning Manager, advised that the applicant has requested to subdivide 33.1 acres located 2,600 feet east of Washington Street on the north side of Fred Waring Drive into 11 6 single-family and other lettered lots. The applicant has also requested approval of the site plan and elevations for the single-family homes. The property is zoned Low-Density Residential and the houses will range from approximately 1,600-2,700 sq. ft. with Plan 6 being the only two-story plan. She advised that on February 11, 1997, the Planning Commission recommended approval of the project subject to conditions of approval. She then reviewed the site map, pointing out the access points of the tract. Mike Smith, 35-325 Date Palm Drive, Cathedral City, of Warner Engineering, advised that their only concern is the requirement to establish a homeowners' association. He asked that the condition be revised to allow the developer to provide an alternate solution, subject to the Engineering Department's approval, and agreed to move forward with the homeowners' association if the alternate solution is not satisfactory. Ms. Honeywell, City Attorney, didn't feel that such an approval should be left up to the Engineering Department and questioned what the alternate solution might be. Mr. Smith advised that Linda Katzman, a consultant, has provided staff with alternatives that have worked in both San Diego County and Riverside County. The alternatives wouldn't include lighting and maintenance assessment districts where the cost is controlled by the City. Ms. Honeywell felt it would be okay to provide some flexibility in the condition as long as staff has sole discretion in the decision. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 . "City Council Minutes 32 March 18, 1997 Mr. Vogt, Public Works Director, wasn't sure that their suggestion would be the right way to go, but advised that there may be other options to consider and that a final decision would be worked out with the City Attorney. Council Member Henderson noted that this is the first tract to go through the Planning Commission since the passage of Proposition 218. She didn't mind allowing some flexibility to explore other options, but wished to know what the options are. Council Member Adolph felt the project would be compatible with the surrounding properties, but, asked if there wduld be at least one on-street parking space available for each house, especially in cul-de-sacs, to which Mr. Smith responded yes. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.97-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ENVIRONMENTAL ASSESSMENT 96-330 FOR VESTING TENTATIVE TRACT MAP 28457 AND SITE DEVELOPMENT PERMIT 96-593 EZ OKIE). It was moved by Council Members Perkins/Adolph to adopt Resolution No.97- 18 as submitted. Council Member Henderson thanked the Planning Commission for their thorough handling of this project. Council concurred. Motion car*ied unanimously. RESOLUTION NO.97-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 28457 TO ALLOW A 116-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION AND MISCELLANEOUS LETTERED LOTS ON APPROXIMATELY 33.1 ACRES EZ OKIE). BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 .!" City Council Minutes 33 March 1 8, 1 997 It was moved by Council Members Perkins/Adolph to adopt Resolution No.97- 19 as amended with modified language on Condition Nos. 63 and 64). Motion carried unanimously. RESOLUTION NO.97-20 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 96-593 TO ALLOW CONSTRUCTION OF SINGLE-FAMILY HOUSES FOR VESTING TENTATIVE TRACT MAP 28457 EZ OKIE). It was moved by Council Members Perkins/Sniff to adopt Resolution No.97-20 as submitted. Motion carried unanimously. 4. VESTING TENTATIVE TRACT MAP 28458, SITE DEVELOPMENT PERMIT 96- 594 AND ENVIRONMENTAL ASSESSMENT 96-331 FOR DEVELOPMENT OF 115 RESIDENTIAL HOUSES ON 28.8 ACRES AND APPROVAL OF NEW HOUSING UNITS RANGING FROM 1,595 TO 2,730 SQUARE FEET FOR PROPERTY NORTH OF FRED WARING DRIVE, 1,615 FEET EAST OF WASHINGTON STREET. APPLICANT: Ez OKIE MR. ROGER SNELLENBERGER, PRESIDENT). The Mayor declared the PUBLIC HEARING OPEN. There were no changes to the staff report as submitted to the City Council from the Community Development Department and is on file in the City CIerk*s Department. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.97-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, ENVIRONMENTAL ASSESSMENT 96-331 FOR VESTING TENTATIVE TRACT MAP 28458 AND SITE DEVELOPMENT PERMIT 96-594 EZ OKIE). It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-21 as submitted. Motion carried unanimously. BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02 .""City Council Minutes 34 March 1 8, 1 997 RESOLUTION NO.97-22 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING VESTING TENTATIVE TRACT MAP 28458 TO ALLOW A 115-LOT SINGLE-FAMILY RESIDENTIAL SUBDIVISION AND MISCELLANEOUS LETTERED LOTS ON APPROXIMATELY 28.8 ACRES EZ OKIE). It was moved by Council Members Sniff/Adolph to adopt Resolution No.97-22 as amended with modified language in Condition Nos. 63 and 64). Motion carried unanimously. RESOLUTION NO.97-23 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 96-594 TO ALLOW CONSTRUCTION OF SINGLE-FAMILY HOUSES FOR VESTING TENTATIVE TRACT MAP 28458 EZ OKIE). It was moved by Council Members Sniff/Adolph to adopt Resolution No. 97-23 as submitted. Motion carried unanimously. Council recessed to Closed Session as delineated on Page 15. Council reconvened and the City Attorney announced that the City Council concluded a Closed Session under Government Code Section 54956.9(a) concerning ongoing litigation Nicholson EEOC Charge No.345970207 and approved a global settlement agreement with Ms. Nicholson agreement terms to be kept confidential according to agreement provisions. The vote was unanimous. There being no further business, the meeting was adjourned. ResPjtfuIl* submitted, *UNDRA L JLf*IOLA,City Clerk City of La Quinta, California BIB] 06-19-1997-U01 10:29:08AM-U01 ADMIN-U01 CCMIN-U02 03-U02 18-U02 1997-U02