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1998 07 07 CC Minutes>! LA QUINTA CITY COUNCIL MINUTES JULY 7, 1998 Regular meeting of the La Quinta City Council Was called to order at the hour of 2:00 p.m. by Mayor Pena, followed by the Pledge of Allegiance. PRESENT: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena ABSENT: None PUBLIC COMMENT Wally Reynolds, 79-860 Fiesta Drive, was concerned about the two new schools proposed to be built near the Westward Ho area and the additional traffic and noise impact they will have on that area. He was also coii\cerned about younger students being in the same area with high school students, and he believed the cities should have some authority in determining where schools are going to be built. Donna Martin, 49-320 Avenida Fernando, of Coachella Valley Community Concerts Association, urged the Council to consider their funding request Written Correspondence No.1) and advised that they were late in submitting their request because they were unaware of the change in procedures. Mayor Pena advised that their funding request would be referred to the grant process. Council recessed to Closed Session to and until the hour of 3:00 p.m. CLOSED SESSION Mayor Pen*a abstained from participating in Item No. 2-B due to a conflict of interest. He also abstained from participating in Item No.4 as he has consistently done in the past. 1. Conference with labor negotiators, Tom Hartung and John Falconer, regarding negotiations with the La Quinta City Employees* Association pursuant to Government Code Section 54957.6 Meet and Confer Process. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(a) regarding existing litigation: A. Western Empire Industry V. City of La Quinta, Case No.302768 B. Traditions, Case No. 1NC00370 C. KSLIPeters, Case N6. 002597 BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!City Council Minutes 2 July 7, 1998 3. Conference with legal counsel pursuant to Government Code Section 54956.9(c) regarding potential litigation. 4. Conference with City*s real property negotiator pursuant to Government Code Section 54956.8 concerning the potential terms and conditions of acquisition and/or disposition of real property located at the southwest corner of Highway 111 and Adams Street. Property Owner/Negotiator: Chris Clarke. 5. Evaluations of Council-appointed positions, City Clerk and City Manager, pursuant to Government Code Section 54956.6. PUBLIC COMMENT Doris Gilmartin, 55-456 Firestone, spoke about the benefits of the Kidsline program in which she has served as a volunteer. Kathy Roeder, 56-610 Riviera, also spoke about the benefits of the Kidsline program and questioned why it was stopped so abruptly. She, too, has served as a volunteer and felt that Ms. Batok has done an excellent job in running the program. She urged Council to reconsider their decision to eliminate the program. Eileen Bobbitt, 80-432 Pebble Beach, advised that she1 too, served as a Kidsline volunteer and read a letter she wrote to Council regarding the benefits of the program. She felt that it is a much-needed program and urged the Council to contact other cities for help in keeping the program going. Elaine Reyn9lds, 49-294 Avenida Vista Bonita, thanked the Council for her appointment to the Cultural Arts Commission. Susan Francis, Executive Director of La Quinta Arts Foundation, presented Council with the 1 998 La Quinta Arts Festival poster and introduced Theresa Maggio as the new Arts Festival Director. PRESENTATIONS The Mayor and Council Members presented plaques to the following outgoing Commissioners/Board Members in appreciation of their service: Michelle Klein and Gloria Mucciolo Art in Public Places Commission Honey Atkins, John Detlie, and Roxanne Voigt Cultural Commission Nicole Nard Human Services Commission B. J. Seaton Planning Commission BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! U City Council Minutes 3 July 7, 1998 CONFIRMATION OF AGENDA Confirmed APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of June 16, 1998, as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of June 23, 1998, as submitted. Motion carried unanimously. ANNOUNCEMENTS None WRITTEN CORRESPONDENCE 1. LETTER FROM COACHELLA VALLEY COMMUNITY CONCERTS REQUESTING FUNDING. Council concurred on referring the funding request to the grant process. BUSINESS SESSION 1. CONSIDERATION OF ADOPTION OF RESOLUTION APPROVING THE FISCAL YEAR 1998199 CITY OF I-A QUINTA BUDGET AND ESTABLISHING THE CITY'S APPROPRIATION LIMIT. Mr. Falconer, Finance Director, advised that the changes between the preliminary budget and the final budget are listed in Attachment No.1 of the staff report and that the continuing appropriations/encumbrances are reported in Attachment No.2. Also included in the staff report is the Five-Year Resource Allocation Plan. In response to Council Member Adolph, Mr. Falconer advised that the decrease in services and supplies for the Planning Department is because the cost of the General Plan was included in the prioryear. In regard to the Palm Springs Desert Resorts Convention and Visitors Bureau, he advised that the budgeted amount is based on a percentage of the City's Transient Occupancy Tax TOT). BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!City Council Minutes 4 July 7, 1998 In response to Council Member Adolph, Mr. Vogt, Public Works Director, advised that the janitorial costs for the Fritz Burns Park Pool is actually for janitorial services for the restrooms, which are used also by park users. In response to Council Member Adolph, Mr. Falconer advised that the $27,000 budgeted for the Palm Desert Post La Quinta Page) is the cost for one year. Council Member Adolph questioned why the paper is not being delivered as the Palm Desert Post made a commitment to do, either by home delivery or in racks outside of gated communities. There was also some talk about it being included in the Desert Sun. He noted that a lot of people have complained about not getting the paper and the City is supporting it. Mr. Genovese, City Manager, understood that the Post has contacted all of the gated communities. Council Member Perkins noted that people can call directly to the newspaper office to receive the paper. Joan Boiko, 82-632 Highway 111, lndio, of the Palm Desert Post, advised that they do respond to requests for the newspaper and that they also address circulation problems as they arise. She noted that due to the number of requests they have received, they deliver the newspaper in Laguna de Ia Paz and they are willing to place racks in gated communities and at businesses if given permission. She is working to get the newspaper delivered with The Desert Sun, but not as an insert and she noted that the newspaper name has been changed to La Quinta Post. Council Member Adolph then commented on the Kidsline Program being eliminated, stating that the only discussion he remembered Council having on this issue was during closed session regarding the cost of the program and he did not recall a vote being taken to eliminate it. He felt that it is inappropriate for the elimination of the program to be predetermined during closed session and for Mary Batok and the volunteers to not be given an opportunity to voice their concerns and discuss ways of making the program work. He felt if there is a problem with the financial aspects of the program, that the City should work with the volunteers and other entities to work out a solution, noting that the school district has talked about helping with the program. He felt there has been a lack of due process in this situation and that the issue should have been discussed openly, not in closed session, if Council felt the program was unaffordable. According to statistical data, the program's phone calls have increased over the last year, not decreased as previously reported. He felt it would be a mistake to not try to save at least a portion of the program and BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!City Council Minutes 5 July 7, 1998 hoped Council would reconsider some kind of funding to help keep the program going. Mayor Pena felt the Council has always made a point of discussing issues in public and noted that the closed session discussions on the Kidsline Program were related to personnel, not elimination of the program. That decision was not openly discussed, but it was based on staff's recommendation to eliminate the program during the preliminary budget review. It was not a predetermined decision. He felt the City has always been willing to help the school district take over the project. He added that this City has been very pro-children, having spent over $8 million on youth programs during the past ten years and is continuing to support youth programs. RESOLUTION NO.98-68 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ESTABLISHING THE CITY'S APPROPRIATION LIMIT FOR FISCAL YEAR 1998/99 AND APPROVING A BUDGET FOR FISCAL YEAR 1998/99. It was moved by Council Members Sniff/Henderson to adopt Resolution No.98-68 as submitted. Council Member Adolph advised that, although, he is opposed to not funding the Kidsline Program, he supports the rest of the budget. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Henderson to receive and file the Five-Year Resource Allocation Plan. Motion carried unanimously. MINUTE ORDER NO.98-113. 2. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH LA QUINTA CHAMBER OF COMMERCE FOR FISCAL YEAR 1998199. Mr. Weiss, Assistant City Manager, advised that the proposed contract is based on last year's agreement and that $1 50,000 has been included in this year's budget for the contract, with an additional $20,000 being set aside for future application by the Chamber. The scope of services has been updated to reflect the general areas of service that the Chamber will be providing during the upcoming year. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! 5 City Council Minutes 6 July 7, 1998 MOTION It was moved by Council Members Sniff/Henderson to approve the La Quinta Chamber of Commerce*s funding request of $150,000 for Fiscal Year 1 998/99 and authorize the Mayor to execute the Contract Services Agreement. Council Member Adolph had hoped to provide the Chamber with more funding, but has been assured by Doug Yavanian that they can provide their programs with this amount. Doug Yavanian, 51-351 Aven ida Bermudas, President of La Quinta Chamber of Commerce, thanked the City and stated that he is looking forward to working with the Council and staff during the next year. Council Member Sniff hoped to see the Chamber act upon some of the suggestions that were made at the last meeting and a report made back to Council at an early date. Mr. Yavanian advised that they have already incorporated the suggestions into their program and will present it to their Board in two weeks. Motion carried unanimously. MINUTE ORDER NO.98-114. 3. CONSIDERATION OF CONTRACT SERVICES AGREEMENT WITH LA QUINTA ARTS FOUNDATION FOR FISCAL YEAR 1998/99. Mr. Weiss, Assistant City Manager, advised that the proposed contract for $65,000 is for services as outlined in the contract with the La Quinta Arts Foundation, with an additional $15,000 being set aside for future funding. He advised that, pursuant to the Arts Foundation*s request, funding is being handled this year through a contract and not a grant as it was last year. MOTION It was moved by Council Members Sniff/Adolph to approve the La Quinta Arts Foundation*s funding request of $65,000 for Fiscal Year 1998/99 and authorize the Mayor to execute the Contract Services Agreement. Motion carried unanimously. MINUTE ORDER NO.98-115. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! U City Council Minutes 7 July 7, 1998 4. CONTINUED CONSIDERATION OF RECOMMENDATION OF THE ART IN PUBLIC PLACES COMMISSION TO DISTRIBUTE A REQUEST FOR PROPOSALS RFP) FOR THE DESIGN AND CONSTRUCTION OF LANDSCAPING FOR THE ART PIECE AT THE NORTHEAST CORNER OF HIGHWAY 111 AND WASHINGTON STREET IN AN AMOUNT NOT TO EXCEED $30,000 Ms. di Iorio, Planning Manager, advised that diagrams of the demolition of the sidewalk and planter areas are contained in the staff report, as well as the landscaping and irrigation areas. The Art in Public Places Commission APP) has recommended that $30,000 be appropriated for the design and construction of landscaping for the art piece, as well as for removal of the wall and relocation of the existing sidewalk. Council Member Henderson asked what is planned for the fence/planter area once the fence is removed, noting that a large electrical box exists behind it. Ms. di Iorio advised that that area will be addressed when the design proposals are received. Council Member Adolph felt it would be a mistake to just plant grass over the entire area as something else is needed to enhance that corner. Ms. di Iorio advised that they will do what they can with the funds that are available. Council Member Henderson understood the consensus of the Council at the June 2 meeting was to remove the wall and plant grass. Mayor Pena felt the overall consensus was to keep it simple, perhaps with a blending of grass and some native plant material. Council Member Adolph felt the landscaping should be compatible with the surrounding landscape. Council Member Perkins understood that Council had agreed upon planting grass. Council Member Henderson continued to believe that the cost should be shared between the General Fund and APP Fund, on the premise that the APP is responsible for landscaping the artwork. The General Fund should undertake the cost of the demolition. Ed Kibbey, 78-620 Sanita Drive, of the Building Industry Association Desert Chapter, felt the demolition costs are an improper expenditure of APP funds. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I City Council Minutes 8 July 7, 1998 Council Member Sniff felt the consensus of the Council was to give the consultant some generalized direction and that the Council was looking for a simple landscape solution. He suggested that the artist be requested to make some potential minor modifications to the art piece, perhaps in the coloring and in the location of the gem. Council Member Henderson noted that the artist has indicated that he is not completely finished with the art piece. She referred to the number of meetings that the consultant is required to attend under the terms of the proposal, advising that she understood the need for a certain amount of oversight, but felt a proposal brought back to Council for approval would be sufficient in order to reduce the timeframe of the project. Mayor Pena suggested the final design be presented to the Cultural Arts Commission as well. Council concurred. In response to Council Member Sniff, Mr. Genovese, City Manager, advised that there is not a problem with asking the artist to coordinate his modifications with the landscaping. However, there is a separate contract for the art piece and if modifications are to be made, it may be necessary to discuss them with the artist. MOTION It was moved by Council Members Sniff/Adolph to approve the request for design and construction of landscaping for the art piece at Highway 111 and Washington Street); authorize distribution of the Request for Proposals and the appropriation of $30,000, utilizing the Art in Public Places Fund for the landscaping and the General Fund Reserve for all other expenses; and request the artist's coordination in making some minor modifications to the art piece. There was a brief discussion regarding the City1s ability to request changes to the art piece and Council Member Sniff pointed out that the request is only for the artist to coordinate his modifications with the landscaping. Motion carried unanimously. MINUTE ORDER NO.98-116. Council Member Perkins did not understand why the City does not own the art piece after having paid for it. Ms. Honeywell, City Attorney, advised that, under the agreement with the developer, the developer is responsible for maintenance of the art piece for 20 BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I. City Council Minutes 9 July 7, 1998 years. If the City is willing to take on that responsibility on someone else's property, then that can be reversed and the City can own the art piece. Council Member Perkins wished to have that issue brought back for discussion for future projects. 5. CONSIDERATION OF APPROVAL OF A PILOT PROGRAM FOR OBELISKS AS CITY STREET IDENTIFICATION MARKERS. Mr. Vogt, Public Works Director, advised that on June 1 6, 1 998, Council directed staff to pursue a pilot program for 13 seven-foot-high obelisks to be placed as follows: eight at major intersections; one at Calle Tampico and Washington Street; one at Avenue 52 and Washington Street; and the remaining three at Fritz Burns Park, Eisenhower Park, and Adams Street Park. He advised that a map of the proposed locations and the wording to be used on each obelisk is included in the staff report. Staff recommended that $14,000 be appropriated from the Art in Public Places Fund for the obelisks and that a sole source contract be utilized. Staff further recommended that the City Manager be authorized to enter into a contract for the obelisks upon approval of the wording of the contract by the City Attorney. He advised Council of the need to select both a color and texture for the obelisks, as well as the color of the City logo to be placed on each side. The flush, three-inch-high lettering will be monolithic to the obelisks and made of reflective material. He advised that the sculptor, Peter Urbon, was present to answer questions. Council Member Henderson felt the seven-foot-high obelisks should be used only for City entrance markers and read, CITY OF LA QUINTA." If the program is successful, the five-foot-high obelisks could be used for street identification signs. She also felt that the two obelisks at Calle Tampico and Washington Street and Avenue 52 and Washington Street should be used to identify The Village; not streets. In regard to park names, she noted that the obelisk should read, Adams Park," excluding street"). Mayor Pena suggested using the Fritz Burns Park obelisk to identify the fire station possibly with red lettering) since the park is already identified by signage. He also felt the Senior Center should be better identified. Council Member Adolph suggested that the obelisk at Miles Avenue and Jefferson Street be eliminated due to its close proximity to Fred Waring Drive and Jefferson Street. He further suggested that the obelisk at Miles Avenue and Washington Street be eliminated until sometime in the future, given the redesign work going on at that intersection. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!City Council Minutes 10 July 7, 1 998 Council Member Henderson suggested that the program be approved with the wording, CITY OF LA QUINTA,.' and that the locations be determined at a later date. In response to Council Member Henderson, Peter Urbon, P.O. Box 874, Rancho Mirage, advised that either gold or metal leaf could be used for the City logo. Paint will not adhere to the obelisk material. In response to Council Member Adolph, Mr. Urbon advised that, once the mold is poured, the City logo will become a part of the mold itself and cannot be removed. He recommended using a rough texture because it looks more like stone and cuts the light. He also recommended using brown lettering because it shows better through the reflective material. After a brief discussion, Council concurred on using a rough, light-colored texture with brown lettering. The obelisks will read as follows: 4) VILLAGE; 1) ADAMS PARK; 1) EISENHOWER PARK; 1) SENIOR CENTER; and 6) LA QUINTA. Gold leaf will be used for the City Seal at the bottom of each obelisk and separate signage will be considered for the fire station. Mr. Vogt advised that recommended locations for the La Quinta" markers will be brought back for consideration when the obelisks are ready to be installed. Ed Kibbey, 78-620 Sanita Drive, of Building Industry Association Desert Chapter, felt this is a questionable use of APP funds and was pleased that the street sign concept has been eliminated from the proposal. Council Member Henderson agreed. In the future she may suggest having an agreement whereby developers, who wish to participate in the program, can pay for their initial mold with personalized logo) out of a portion of their APP fund contribution. MOTION It was moved by Council Members Sniff/Henderson to approve the proposed pilot program utilizing 1 3 seven-foot-high obelisks at locations to be determined; waive the informal bidding procedures and select Peter Urbon as a sole source contract for providing and installing seven-foot-high obelisks; authorize the City Manager to enter into a contract for the materials and labor for the installation of 13 seven-foot-high urbonite obelisks upon approval of the contract wording by the City Attorney. Motion carried unanimously. MINUTE ORDER NO.98-117. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I C!W Council Minutes 11 July 7, 1998 MOTION It was moved by Council Members Sniff/Henderson to approve appropriation of $14,000 from Fund #101-701-255-210, Art in Public Places Fund. Motion carried unanimously. MINUTE ORDER NO.98-118. 6. CONSIDERATION OF ADOPTION OF RESOLUTION ALLOWING CONDITIONAL APPROVAL OF SUBDIVISION MAPS AND SECURITY IN LIEU OF COMPLETED IMPROVEMENT PLANS. Mr. Vogt, Public Works Director, advised that the proposed resolution will streamline the final map process and allow staff to proceed with conditional approval. Ed Kibbey, 78-620 Sanita Drive, of Building Industry Association Desert Chapter, thanked the staff and Council for their assistance in this matter and stated that he expects other cities to follow the trend being set by La Quinta. RESOLUTION NO.98-69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REGARDING CONDITIONAL APPROVAL OF FINAL MAPS AND PARCEL MAPS AND THE SECURING OF INCOMPLETE SUBDIVISION IMPROVEMENT PLANS. It was moved by Council Members Sniff/Henderson to adopt Resolution No.98-69 as submitted. Motion carried unanimously. 7. CONSIDERATION oF ADOPTION OF RESOLUTION APPROVING A HANDBOOK FOR COMMISSIONS, BOARDS, AND COMMITTEES. Mr. Weiss, Assistant City Manager, advised that due to the recent restructuring of the City's Boards and Commissions, staff has prepared a handbook that will be distributed at next week's orientation meeting. Council Member Henderson noted a correction on Page 49 of the staff report Section 2.65.040) in regard to the number of members on the Art in Public Places Commission to be recommended by the Arts Foundation, pointing out that Council changed it sometime ago. Mr. Weiss advised that staff will look into it. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I City Council Minutes 2 July 7,1998 RESOLUTION NO.98-70 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING A HANDBOOK FOR COMMISSIONS, Boards, AND COMMITTEES. It was moved by Council Members Henderson/Adolph to adopt Resolution No.98-70 as corrected. Motion carried unanimously. 8. CONSIDERATION OF AMENDMENT TO CHAPTER 2.60 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE CONCERNING THE *CONFLlCT OF INTEREST CODE." Mr. Weiss, Assistant City Manager, advised that the changes proposed in the ordinance reflect the changes and additional positions funded in the budget, as listed in the staff report. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.321 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.321 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 CONFLICT OF INTEREST CODE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. It was moved by Council Members Sniff/Henderson to introduce Ordinance No.321 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 9. CONSIDERATION OF AMENDMENT TO SECTION 2.04.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE CONCERNING COMPENSATION AND REIMBURSEMENT FOR CITY COUNCIL MEMBERS. Mr. Weiss, Assistant City Manager, advised that the proposed ordinance reflects recent changes in the budget for minor increases in compensation for Council BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 > ! E City Council Minutes 13 July 7, 1998 as follows: salary increase from $300 to $500 for Council Members; salary increase from $1,000 to $1,200 for the Mayor; and $25 reimbursement for use of personal cellular phones. MOTION It was moved by Council Members Sniff/Henderson to take up Ordinance No.322 by title and number only and waive further reading. Council Member Adolph stated that he has a moral problem with giving himself a raise, but it is not because he feels the Council does not deserve it. Motion carried with Council Member Adolph voting NO. ORDINANCE NO.322 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.04 SECTION 2.04.050 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE CONCERNING COMPENSATION AND REIMBURSEMENT FOR CITY COUNCIL MEMBERS. It was moved by Council Members Sniff/Henderson to introduce Ordinance No.322 on first reading. Motion carried by the following vote: AYES: Council Members Henderson, Perkins, Sniff, Mayor Pena NOES: Council Member Adolph ABSENT: None ABSTAIN: None 10. SECOND READING OF ORDINANCES ORDINANCE NO.320 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA. AMENDING TITLE 13 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATING TO SUBDIVISIONS; AMENDING SECTION 13.20.110 approval of final maps and parcel maps), SECTION 13.24.040 improvement plans), AND SECTION 13.28.040 amount of improvement security). It was moved by Council Members Sniff/Henderson to adopt Ordinance No.320 on second reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! 8 City Council Minutes 14 July 7, 1998 CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER, DATED JULY 7, 1998. 2. ADOPTION OF RESOLUTION DESIGNATING CERTAIN CITY POSITIONS AS AUTHORIZED AGENTS TO REPRESENT THE CITY TO THE STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES. 3. ADOPTION OF RESOLUTION APPROVING SUBMITTAL OF GRANT PROPOSAL TO THE STATE HISTORIC PRESERVATION OFFICE FOR THE CERTIFIED LOCAL GOVERNMENT PROGRAM FOR FUNDING OF A PRESERVATION PLAN. 4. APPROVAL OF AWARD OF CONTRACT FOR THE 1997/98 SLURRY SEALIRESTRIPING PROGRAM, PROJECT NO.98-12. 5. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS FOR VARIOUS CONSTRUCTION SERVICES FOR PROJECT NO.98-07, MILES AVENUE AND WASHINGTON STREET WIDENING IMPROVEMENTS. 6. APPROVAL OF AMENDMENT TO CONTRACT WITH RAY LOPEZ ASSOCIATES FOR PROJECT 98-04, STATE ROUTE 111 MEDIAN ISLAND LANDSCAPE MODIFICATIONS. 7. APPROVAL OF OVERNIGHT TRAVEL FOR SENIOR MANAGEMENT ASSISTANT TO ATTEND THE 1998 MUNICIPAL MANAGEMENT ASSISTANTS OF SOUTHERN CALIFORNIA CONFERENCE IN SAN DIEGO, AUGUST 6-7, 1998. MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended with Item Nos. 2*and 3 being approved by RESOLUTION NOS. 98-71 and 98-72 respectively. Motion carried unanimously. MINUTE ORDER NO.98-119. STUDY SESSION 1. DISCUSSION REGARDING CONSTRUCTION PLAN DETAILS OF CITY ENTRANCE MONUMENTS PROJECT NO.98-05. Mr. Freeland, Senior Engineer, advised that the consultants, Ray Lopez Associates and Lewis Bishop, are in the process of developing construction documents for competitive bids for the City's monument sign project. He advised that staff is looking for Council's input in regard to two proposed BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! E City Council Minutes 15 JuIV 7,1998 locations, size and scale of the monuments, relief details, lighting, and one or two-sided signs. Mr. Vogt, Public Works Director, advised that Imperial Irrigation District has agreed to relocate the electrical cabinet at the corner of Highway 111 and Jefferson Street, so as not to block the view of the City monument signs. Ray Lopez, of Ray Lopez Associates, and Lewis Bishop, consulting architect, showed a video presentation depicting the monuments from a perspective of a traveling motorist on Highway 111. They advised that the signs will be seven and a half feet high at the City seal, with the remaining horizontal portion being approximately six feet high. The overall length of the monument will be about 1 9 feet. The City seal will be six feet in diameter with the quail about two and a half feet long. There will be a rock formation natural rocks indigenous to the area) with a water feature and it will be surrounded by landscaping with trees. They will be looking at some berming in order to increase the height. The setback from the CalTrans right-of-way is 30-35 feet. The Home Depot site is 75 feet wide and 110 feet deep. Mr. Vogt advised that Imperial Irrigation District has agreed to participate in relocating the electrical box at the corner of Jefferson Street and Highway 111. Mayor Pena felt that the monuments should be as close to the street as possible for maximum visibility. Council Member Sniff believed it would be more effective if the monuments were made larger and the setback maintained, rather than moving them closer to the street. Council Member Perkins agreed that they should be made larger. Discussion ensued regarding the possibility of leaving the one at Lumpy's the size being proposed and enlarging the one at Home Depot. Mr. Bishop advised that, if they are not identical, there will be additional costs involved. Council concurred on having staff place plywood props at both locations to depict the size and location for Council to view before making a final decision. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I City Council Minutes 16 July 7, 1998 REPORTS AND INFORMATIONAL ITEMS CVAG COMMITTEE REPORTS Mayor Pena and Mr. Genovese, City Manager, advised of a proposal presented at the last Executive Committee meeting, whereby all of the Economic Development Directors would get together and take an inventory of what is going on in each community. The effort would be coordinated through CVAG or SunLine, who would in turn direct new businesses to their preferred locality in the valley. Mayor Pena advised that he and Mr. Genovese questioned the proposal and understood that the issue would be brought back to the Committee for further direction, but staff has already been contacted about participating in a tour. Mr. Weiss, Assistant City Manager, advised that Michael Bracken, of CVAG, has indicated to him that a tour of the cities by the Economic Development Directors has been scheduled and that each director would be asked to give a brief description of available development sites in their respective cities. The purpose is to approach the economic developi*ient issue from a regional basis. Council expressed concern about the tour and directed the City Manager to relate their concerns to CVAG. Council Member Henderson suggested including the CVAG In Review" bulletin on the agenda under Reports and Informational Items. Mayor Pena also reported on a proposal to extend CVAG's lease for 1 5 years, advising that the issue was referred to TAC. He opposed the motion and advised that it gave TAC the authority to make the final decision. In response to Council Member Sniff, Ms. Honeywell, City Attorney, advised that she would have to review the JPA, but generally, a majority vote stands. The City's only other alternative would be to withdraw. League of California Cities Riverside Division Council Member Henderson noted that the League's general meeting would be held at Spotlight 29 on July 13, and she hoped it would be well attended. All other reports were noted and filed. DEPARTMENT REPORTS None BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I City Council Minutes 17 July 7, 1998 MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING APPOINTMENT TO THE LEAGUE OF CALIFORNIA CITIES' ADMINISTRATIVE SERVICES COMMITTEE. Council Member Henderson referred to her memorandum to Council, dated June 26, regarding her appointment by the League of California Cities Riverside County Division to the Administrative Services Committee and asked for Council's input. In response to Council Member Sniff, Council Member Henderson advised that she felt the issues the Committee would be dealing with are issues that the Council would be concerned about. It will provide an opportunity for the City to be part of the system and provide direction on the Political Reform Act and election process. The five meetings are held in various cities from Sacramento to Burbank and may require overnight travel expenses. Mayor Pena supported her involvement and the City funding any travel expenses related to the Committee. Council concurred. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to Financing Authority meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00P.M. PUBLIC COMMENT None PUBLIC HEARINGS 1. RATE INCREASE FOR RESIDENTIAL WASTE COLLECTION FEES AND DIRECT CHARGES FOR RESIDENTIAL PROPERTIES TO BE ADDED TO THE TAX ROLLS. The Mayor declared the PUBLIC HEARING OPEN. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I City Council Minutes 18 July 7,1998 Ms. di Iorio, Planning Manager, advised that Waste Management of the Desert is requesting a rate increase for residential waste collection fees, which would be added to the tax rolls. She said they are requesting a 6% increase half of the Consumer Price Index), which would be $0.04 per month or a maximum of $0.48 per year, with other fees remaining the same as last year. She advised that the new rate would be $9.96 per month or $119.52 per year. There being no one wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.98-73 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE REPORT PRESCRIBING THE CHANGES FOR RESIDENTIAL PARCELS FOR CITY-FURNISHED REFUSE COLLECTION FOR 1998/99 AND DIRECTING THAT SUCH CHARGES BE COLLECTED ON THE TAX ROLLS. It was moved by Council Members Sniff/Henderson to adopt Resolution No.98-73 as submitted. Motion. carried unanimously. 2. PUBLIC MEETING NOTICE OF INTENT TO PROPERTY OWNERS OF ADOPTION OF RESOLUTION OF INTENTION AND FILING OF ENGINEER'S REPORT ASSESSMENT DISTRICT NO.97-i LA QUINTA NORTE). The Mayor declared the PUBLIC MEETING OPEN. Mr. Falconer, Finance Director, said the purpose of this hearing is to provide affected property owners the opportunity to ask questions pertaining to proposed Assessment District 97-1 as outlined in the Preliminary Engineer's Report; dated June 1998. He advised that the public hearing is scheduled for Tuesday, September 15, 1 998, at 7:00 pm, at which time Council will take oral and written testimony. The current cost estimate for the proposed improvements is $826,839. The methodology for allocating the costs to each property owner is contained in the Engineer's Report. An assessment ballot along with the Notice, has been mailed to property owners residing within the proposed District. He advised that staff has received one telephone call regarding this matter. He stated that immediately following the close of the hearing on September 1 5, the assessment ballots will be tabulated by the City Clerk. They will be BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I 5 City Council Minutes 19 July 7, 1998 weighted in accordance with the amount of the proposed assessment for the parcel for which such ballot is cast. The results will be announced after the conclusion of the public hearing, unless further time is required to determine whether any assessment ballot has been properly signed by the record owner of the parcel or duly authorized agent of the record owner of the parcel. In such an event, the Council reserves the discretion to continue the matter of announcing results to provide the City Clerk with additional time Jeff Jones, 79-115 Kristen Court, said it was his understanding the assessment would be for only twenty years and for the widening of Adams Street and roads in the development. The notice he received stated that the assessment would be for twenty-five years and that it includes walls around the area, landscaping, and sewer improvements. He felt it was unfair because Century Homes owns approximately 1 Os lots and at this time, there are only about six home owners. If all six homeowners voted no, thev still would not win. Therefore, he felt the election should be put off for a year to allow more homes to be sold. Paul Kemp, 79-140 Kristen Court, advised that he is not in favor of the assessment mainly because they would not be the only ones to benefit from the widening of the streets and improvements made. He was in favor of postponing the election also. He was not against paying a fee, but felt the proposed assessment was far too much. Chuck Roney, 79-125 Kristen Court, also felt the election should be postponed until next year. He said the notice he received stated that the improvements were for the sole benefit of the parcel owners, which he did not feel was correct, as he felt the improvements would benefit all of La Quinta and the entire Coachella Valley. There being no one else wishing to speak, the Mayor declared the PUBLIC MEETING CLOSED. Council Member Sniff asked if there would be a problem in delaying or continuing this matter for a period of time. Ms. Honeywell, City Attorney, advised that it could be referred to the City's special counsel, however, the actual public hearing on this item would not be until September. She said whether to approve or not approve the proposed Assessment District is completely at Council's discretion. Council Member Adolph questioned the number of residents in the proposed area at the present time. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! 5 City Council Minutes 20 July 7, 1998 Paul Thompson, of Albert Webb Associates, Assessment Engineers, advised that they mailed six ballots to the homeowners with the remaining 105 ballots being mailed to Century Crowell. A disclosure was signed by each of the homeowners at the time of purchase, which addressed the proposed Assessment District and the cost per month. As for the benefit, all the improvements constructed for the development were conditions of approval and without them, the homes would never have been approved for construction. The improvements consist of the construction or acquisition of road improvements for Miles Avenue and Adams Street, which includes curbs, gutters, and sidewalks. There were water improvements constructed at Miles Avenue and sewer improvements constructed at Dune Palms Road, along with landscaping and irrigation improvements at Miles Avenue and Adams Street around the perimeter of the development. Bill Marticorena, Special Assessment Counsel, said the notice that was sent to the property owners indicated the maximum term of twenty-five years as a practical matter. If Council chose, they could condition approval of the Assessment District upon the issuance of twenty versus twenty-five year bonds or any other term they feel is appropriate. However, he pointed out that the shorter the term of the bonds, the higher the assessment. Mayor Pena asked if the $59 per month was based on twenty years or twenty- five, and Mr. Marticorena advised twenty years. Mr. Marticorena advised that, if Council chooses to go forward with the Assessment District after the September 15 hearing, every property owner will have the opportunity to pay the assessment in full and avoid any costs associated with the bond issuance. The assessment is $7,500, and if paid in full, the discount would be 15-20%. Kent Armstrong, Century Crowell, said this concept has been incorporated into their entire marketing program and advised that without this Assessment District, they would have to add to the cost of the houses. In response to Council Member Adolph, Mr. Armstrong said they are selling four units per month and felt they would be built-out within two years. In response to Mayor Pena, Mr. Armstrong said their intention was to have the Assessment District in place before selling any of the homes, however, there were delays. Mr. Kemp said the streets have not been improved, nor has Miles Avenue or Adams Street been widened, and he did not want the Council misled that these BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! a City Council Minutes 21 July 7, 1998 improvements have been made. At this time, the only improvement that has been made is the block wall. He felt the assessment is unfair and wished that all the homeowners in the area would join in paying something. Council Member Adolph asked Mr. Kemp if he was under the assumption that this assessment would become effective after the majority of the houses were sold and all the improvements made. Mr. Kemp advised that they were led to believe that this was a possible assessment. Mr. Armstrong said all improvements will be in before any compensation is made to the assessment district. Mayor Pena advised that no action would be taken at this time and that all comments would be taken into consideration. 3. ZONING TEXT AMENDMENTS 97-058 AND 98-061 MISCELLANEOUS AMENDMENTS TO TITLE 9 LA QUINTA ZONING CODE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio, Planning Manager, advised that the current Zoning Code was adopted in September, 1996, under Ordinance 284. Amendments are proposed throughout the Code which includes revisions and new sections, including new recreational vehicle parking requirements, new Cove development standards, and increasing public notificati6n around proposed projects from 500' to 1,000'. Ms. di Iorio said the Planning Commission reviewed the recommended amendments on May 26, and June 9, 1998 and adopted resolutions recommending approval. Mayor Pena referred to Page 7 and questioned the minimum front yard setback of 30' in RVL very-Low-Density Residential District) and wondered if it should be reduced as that is a lot of landscaping. Council Member Henderson said she did not necessarily want to decrease the setback, but allow a certain amount of encroachment into it. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I I City Council Minutes 22 July 7, 1 998 Ms. Honeywell, City Attorney, advised that, traditionally, the purpose of the setback is to set the outer boundaries and asked if there is also a percentage lot-coverage factor. Ms. di Iorio said yes, and advised that a 10% adjustment can be processed administratively. Therefore, they can obtain a 3* encroachment into the 30' setback area. In response to Mayor Pena, Ms. di Iorio said in September of 1 996, the percentage was changed from 20% to 10%. She felt 20%is a large amount to do administratively. She said 20% would not necessarily be too large if dealing with a 30' setback, however, it would be in dealing with a 10' rear yard or a 5' side yard setback and not processing it through a variance. Council Member Henderson said she would not agree to a 10 or 20 percent variance in a 5 or 10 foot setback, but only in a 30' setback. Mayor Pena asked if it could be written to only apply to a 30' setback. Ms. Honeywell pointed out that State law sets forth the criteria for a variance and property owners must show that the configuration of their lot is different from a regular lot in that zone in order to meet the criteria for a variance. Council Member Perkins was not sure that a 30' setback is excessive, as it is less than the length of two automobiles bumper to bumper. Ms. di Iorio referred to Page 37, Section 9.60.040 Patio Covers, Decks and Play Equipment) and said accessory structures might be able to be changed if that is something Council wanted to consider in front yard setbacks. In response to Council Member Henderson, Ms. di Iorio said the 10% is a setback adjustment and is only referenced to development standards and it is 1 0% of the total setback requirements or height requirement given the findings that can be made. Council Member Henderson asked if applicants are advised of this process and Ms. di Iorio said they are very well aware of the process. Mayor Pena asked if there have been many people requesting the administrative variances. Ms. di Iorio said yes, generally in the Cove areas because of the constraints with corner or irregular shaped lots. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! U City Council Minutes 23 July 7, 1998 Mayor Pena asked if it would be possible to allow a larger administrative adjustment in the Very-Low-Density areas. Ms. Honeywell advised it could be different as long as you have a reasonable basis for why it is different. Mayor Pena asked if in the larger lots, are there many requests for administrative variances, to which Ms. di Iorio responded no. Council Member Henderson questioned the logic behind the 25' setback in image corridors. Ms. di Iorio said the intent is to create image corridors and meet the intent of the General Plan, which is a recommendation of the Planning Commission. The Planning Commission recommended the additional increase so there would be more of a buffer. In response to Council Member Henderson, Ms. di Iorio advised that there has always been a height requirement, but the setback is new. The definition of image corridor" is the design that is specified for certain streets as to having enhanced landscaping and height restrictions in the General Plan. She advised that arterials were defined for widths. Council Member Sniff questioned what the previous setbacks were. Ms. di Iorio said that, previously, they could vary, but now will be standard for any residential district that is adjacent to an image corridor. Council Member Henderson asked if there were any image corridors in the Cove, to which Ms. di Iorio responded Avenida Bermudas. Council Member Henderson asked if this could potentially affect the 50' x 100' lots, and Ms. di Iorio replied no. Ed Kibbey, 78-620 Sanita Drive, representing the Building Industry Association Desert Chapter, spoke to the restriction on the number of building permits outstanding at any one time, which gets into the economics of building. He felt that is an area that cities should not be getting into. He said the banks are lending the money and it should be up to them to decide whether their money is safe. He asked for that section to be deleted. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! 5 City Council Minutes 24 July 7, 1998 In response to Council Member Henderson regarding produce and flower stands and Christmas tree sales, Ms. di Iorio advised that the sign regulations are the same. In response to Council Member Henderson regarding signs in relation to Outdoor Vendors, Sidewalk Sales, and Commercial Events, Ms. di Iorio said those sections would allow more than one sign, where the others are more restrictive. Council Member Henderson referred to Page 79 regarding searchlights and asked if a Conditional Use or Special Use Permit is required. Ms. di Iorio said there is no method to get a permit unless a specific plan is processed. The auto mall, under the Specific Plan, will be allowed to use laser lights under a Temporary Use Permit. Council Member Henderson said she would like to see some type of procedure at Council level in which Special Use Permits could be obtained for searchlights. Council Member Adolph asked if this would not be opening Pandora's Box. Council Member Henderson felt a limit could be set as to the number of times per year they could be allowed and also regulation of hours of operation. Council Member Sniff pointed out that a searchlight does not cause permanent damage to the sky as it's only for a short period of time. Therefore, he did not see anything wrong with having a process in which a business could apply. Ms. di Iorio said the auto mall, as an organized group, is allowed to use lasers four times a year, not exceeding ten nights. In response to Council Member Adolph, Ms. di Iorio said the Specific Plan does not identify the number of laser lights allowed. It was the consensus of Council to direct staff to look at the potential of putting together a Special Use Permit for the use of searchlights. Council Member Henderson questioned why illuminated awnings" are prohibited. Ms. di Iorio advised that they are not in compliance with the City's Dark Sky Ordinance. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I I City Council Minutes 25 July 7, 1998 In response to Council Member Adolph, Ms. di Iorio advised that the maximum structure height in a High-Density Residential area is 40'. Council Member Adolph referred to Page 39, Section 9.60.070 Swimming Pools) and asked if staff considers the location of pool equipment in relationship to neighbors housing, since it has been changed from 1 0' to 3' from the side property line. Ms. di Iorio advised that if there were a normal 5* setback, they would not be able to put the equipment in, as a 3* clearance must be maintained. She said this would require a larger setback. Council Member Adolph said if the 3' is maintained, staff should take into consideration the adjacent property and where it is located, as he was concerned about the noise factor. Council Member Henderson questioned if the Planning Commission had addressed this issue, and Ms. di Iorio said they had not, only front yard setbacks. Council Member Henderson referred to Page 49- F and Page 70- C and asked why the City is requiring such tremendous setbacks from many of the developers, even in residential areas, and then not allowing them to use it for storm water retention. Ms. di Iorio said there are two different purposes. Commercially, the purpose is to achieve the screening of the cars and the view into the parking lots. All setbacks are 20' plus the 12', making 32' the setback for commercial property. In order to achieve the required berming, which is mounds exceeding 3' but not more than 4'. Berming will not allow drainage in 20', which is why Highway 111 is the only place that can accommodate drainage and have berming because there is a 50' setback plus 12', giving 62' from which to work. In response to Council Member Sniff, Steve Speer, Senior Engineer, advised that some incidental drainage retention could be achieved by creating some depressed areas. However, if the intention is to allow all the water from the street to be retained in the setback area, there would not be enough room in a 20' setback without virtually having a ditch. Council Member Henderson said that, since the City is requiring a substantial amount of space to accommodate walls, berming, and landscaping, she would like to see some way to allow a certain amount of drainage water in the area also. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I E City Council Minutes 26 July 7, 1998 Mr. Speer said if you start defining percentages you lose control of understanding what your aesthetic look will be. Council Member Adolph referred to Page 53-F and questioned the change from four to five houses. Ms. di Iorio said it was the request of the Planning Commission. In response to Mayor Pena regarding satellite dishes, Ms. Honeywell said it is very difficult to regulate interference with other peoples reception. She advised that the Federal government is becoming more involved in all the communication issues. Mayor Pena asked if clotheslines are addressed, to which Ms. di Iorio responded that she believed it was addressed elsewhere in the Code. Council Member Henderson suggested the regulations regarding flags be looked into, noting that Palm Springs is having a problem enforcing their regulations. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Ms. Honeywell suggested considering the communication received when this issue was first brought before Council. Ms. di Iorio reviewed the following proposed changes: * remove the section regarding the Cove and the number of building permits at one time * develop a process for searchlights * look at the side yard setback issue for pools/equipment enclosures * add to berming issues for commercial/residential something about incidental drainage * reduce livable floor area back to 1 200 from 1 400 MOTION- It was moved by Council Members Sniff/Henderson to continue the matter of Zoning Code Amendment 97-058 and 98-061 to July 20, 1998. Motion carried unanimously. MINUTE ORDER NO.120. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!City Council Minutes 27 July 7, 1998 4. CONTINUED CONSIDERATION OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 98-353 FOR THE REPEAL OF SPECIFIC PLAN 87-009, TO BE REPLACED BY ADOPTION OF VILLAGE DESIGN GUIDELINES; ZONING CODE AMENDMENT 98-060 TO ESTABLISH A VILLAGE OVERLAY DISTRICT, DELETE SUB-ZONE DESIGNATIONS, AND CONSOLIDATE DEVELOPMENT STANDARDS; AND CHANGE OF ZONE 98-085, REQUESTING ZONING CHANGES FROM VC, VN, VP. VS, AND VT TO VC, AND THE EXISTING RESIDENTIAL AREA IMMEDIATELY EAST OF THE VILLAGE BOUNDARY FROM VR-10,000 TO RL-10,000-1711. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio presented a staff report, advising that on June 2, 1998, the City Council referred this matter back to staff to address the following issues: 1. Expand the Guidelines boundary eastward to include Washington Street from Calle Tampico to 52nd Avenue, which would incorporate the La Quinta Village Shopping Center, the entire Civic Center site, and the residential subdivision to the south of the Civic Center Desert Club Tract Unit #2). 2. Address the establishment of, and locations for gateway/entry treatments. Therefore, the boundary now includes the La Quinta Village Shopping Center, Civic Center site, and the residential area south of Avenida La Fonda. Staff recommends not including the Desert Club Tract Unit #2 since it is strictly residential and has no direct relationship to The Village area or the corresponding design. Entry signage has been addressed in the Guidelines, but no locations have been specified. Staff recommends that entry signs be located at Washington Street and Ca lie Tampico; Eisenhower Drive and Calle Tampico; and Avenida Bermudas and 52nd Avenue. Directional signing would be supportive of the entry sign locations. Arlene Turry, 48-800 Avenida Fernando, advised that she owns Lot No.65 on Calle Tampico, which she believes is in a commercial zone, and could not understand the residential zoning assigned to it. Ms. di Iorio advised that the zoning has not been changed; the only change that has affected her property is that the Village overlay has been removed. Mr. Nesbit, Associate Planner, advised that the access to these lots is on Buena Ventura, which is residential. The General Plan would not allow these particular BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I City Council Minutes 28 July 7, 1998 lots to have access to Calle Tampico as they are not large enough. He added that there is a single-story, 1 7' height restriction. Council Member Sniff felt that these are not ideal residential lots. Mayor Pena pointed out the problems with access onto Calle Tampico and the provision of parking. An individual would have to combine lots and apply for a zone change. Mr. Nesbit pointed out that an individual can come in for a review process at no cost. Council Member Sniff asked that staff outline the process in writing for Ms. Turry. Mayor Pena noted correspondence from Bowie, Arneson, Wiles & Giannone, representing the Coachella Valley Unified School District, dated July 7, 1 998, regarding the Negative Declaration. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO.98-74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA%IIA, CERTIFYING A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENT ASSESSMENT 98-353. It was moved by Council Members Sniff/Henderson to adopt Resolution No.98-74, with the additional finding that nothing has been shown in the record to indicate that the State-mandated fees will not be sufficient to address the impacts to the schools. Motion carried unanimously. RESOLUTION NO.98-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, REPEALING SPECIFIC PLAN 87-009, FOR THE VILLAGE AT LA QUINTA. REPEAL OF SPECIFIC PLAN 87-009 VILLAGE AT LA QUINTA. It was moved by Council Members Sniff/Henderson to adopt Resolution No.98-75, as submitted. Motion carried unanimously. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!City Council Minutes 29 July 7, 1998 RESOLUTION NO.98-76 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE VILLAGE AT LA QUINTA DESIGN GUIDELINES. VILLAGE AT LA QUINTA DESIGN GUIDELINES. It was moved by Council Members Sniff/Perkins to adopt Resolution No.98-76, as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Perkins to take up Ordinance No.323 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A ZONING CODE AMENDMENT TO TITLE 9 OF THE LA QUINTA MUNICIPAL CODE, ADDING CHAPTER 9.64, VILLAGE OVERLAY DISTRICT, AND REVISING CHAPTER 9.65 FOR THE VILLAGE COMMERCIAL DISTRICT. ZONING CODE AMENDMENT 98-060 CITY OF LA QUINTA. It was moved by Council Members Sniff/Perkins to introduce Ordinance No.323 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.324 by title and number only and waive further reading. Motion carried unanimously. ORDINANCE NO.324 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING CHANGE OF ZONE 98-085, TO RE-ZONE CERTAIN REAL PROPERTY FROM VC, VN, VP, VS, AND VT TO VC, AND FROM VR-1 0,000 TO RL-1 0,000-17/1, AND ESTABLISHING THE VILLAGE OVERLAY DISTRICT FOR CERTAIN REAL PROPERTY. CHANGE OF ZONE 98-085 CITY OF LA QUINTA. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!City Council Minutes 30 July 7, 1998 It was moved by Council Members Sniff/Adolph to introduce Ordinance No.324 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 5. GENERAL PLAN AMENDMENT 98-056 AND AMENDMENT NO.97-057 AMENDING CHAPTER 9.140 ZONING CODE) OF THE LA QUINTA CHARTER AND MUNICIPAL CODE RELATIVE TO HILLSIDE CONSERVATION REGULATIONS, HUGO, AND THE GENERAL PLAN LAND USE AND ENVIRONMENTAL CONSERVATION ELEMENTS REGARDING HILLSIDE DEVELOPMENT DENSITY TRANSFERS. The Mayor declared the PUBLIC HEARING OPEN. Ms. di Iorio presented the staff report, advising that the proposed General Plan Amendment would allow density transfers to the subdivided portion of the same property outside the HUGO District and density transfers by means of sale to any receiving parcel having residential General Plan designation not exceeding 20%. The proposed ordinance also changes the name to Hillside/Unique Geology Overlay HUGO) District to include canyons, boulder fields and topographic aberrants. It includes the provision for approval of fencing for endangered species mitigation; to designate land uses for areas between 20%-30% slopes with no development above 30% slopes except at the specific discretion of the City Council. The Planning Commission has recommended approval of the ordinance that is before the Council. Ms. di Iorio added that the Council has received a memorandum containing additional language relative to boulder fields. In response to Council Member Adolph, Ms. di Iorio advised that in the current ordinance, there were specific uses allowed above a 20% slope under a Conditional Use Permit. Also, development above the toe of the slope above 20% also needed a CUP, so now a third area has been added specifically prohibiting any type of development above 30%. Ed Kibbey, 78-620 Sanita Drive, representing the Building Industry Association, believed that the present ordinance is working well and that we're trying to BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >! I a City Council Minutes 31 July 7, 1998 amend something that doesn't need amending. He was emphatically opposed to the concept of boulder fields. Wayne Hancock, 55-920 PGA Boulevard, representing KSL Development Corp., advised that the concept of boulder fields is of concern to them, noting that it applies to flat ground as well as a slope. He pointed out that PGA West has a green within a boulder field, which would not be allowed under the proposed ordinance. He felt that the proposed ordinance does not do what it was meant to do. John Criste, 400 South Farrell, Palm Springs, representing La Quinta Ranch Partners, advised that they are concerned about the lack of clarity as to what the point of the ordinance is. The concept of boulder fields is of concern to them. He felt that boulder fields are taking on a character of a unique geologic formation, which implies certain things about its inherent value to the community. Their other issue is the definition of toe of the slope." He suggested using the alluvial fan at its point of contact with the rocky out-cropping. He felt that the proposed ordinance is going to be difficult to implement and felt perhaps the current ordinance is adequate. Richard Meyer, 79-310 Port Royale, Partner in La Quinta Ranch Partners, addressed the matter of boulder fields and felt that the issue of boulders should be related to the slope analysis. He advised that they consider boulders to be such a valuable asset that they are going, to some extent, to protect them from theft. He felt that it is possible to have an existing level boulder field and end up more restrictive than a 19% hillside. Their property is directly affected by this ordinance. He added that they intend to develop their property to its highest quality, and reducing the area could reduce the quality of the project. Katie Barrows, stated that she is very supportive of hillside conservation, but questioned if this is an improvement over the current ordinance. She did not see how tightening up the slope has been addressed and felt that it would make sense to prepare a slope map before defining boulder field areas. She also spoke regarding the endangered species, which she felt needs to be referenced in the ordinance along with reference to the Multi-Species Habitat Plan. She also felt that the recreational impacts should be addressed, as well as light/glare. She noted that in the current ordinance there is a provision for dealing with grading in a hillside area without a permit and didn't see that in the proposed ordinance. She suggested that the building height in the hillside conservation zone, which is proposed at 28', be held to 17'. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 > ! U City Council Minutes 32 July 7, 1998 Council Member Sniff questioned how the term HUGO was arrived at and Ms. di Iorio advised that there were other issues besides hillside, such as geological issues. Ms. di Iorio responded to a number of questions posed by Council Member Sniff, explaining that adding fill material is included in the ordinance; regarding access roads, there is a definition in which they are to be mitigated to a level of insignificance; the section on designated land uses was taken directly from the Indian Wells' ordinance; and regarding boulder fields, the definition relates to location as well as size of the boulder. Council Member Sniff felt that the proposed ordinance is no improvement over the existing one. He was totally opposed to fencing, as it cannot be made attractive and will be a detriment to the view. He preferred to see a wall instead of a fence. Council Member Henderson commented that it is difficult to work on something that is already working. The current ordinance is tighter and better than any other in the Coachella Valley. She, too, had a problem with boulder fields. Council Member Adolph pointed out that the six lots at the Tradition is what caused this ordinance to be reviewed. He stated that he will not be convinced that those six lots are built on an alluvial fan. He was convinced that jn some areas, it's over 30% and yet there are tee boxes up there. His intent was not to make the ordinance so restrictive as to make it difficult for developers. Council has always had a problem defining the toe of the slope and he still was not sure that he understood it. He would never support back-filling against the slope. He agreed that this ordinance is not any better than what the City currently has. Council Member Perkins stated that he was under the impression that the intent was to take the existing ordinance and clean it up and make a few changes. He felt that the City has a good ordinance, actually the best in the valley. He also felt that there needs to be some flexibility, commenting that thereare times when a fence would be better than a wall. He suggested looking at the current ordinance to see if there are any changes that can be made to strengthen it. Mayor Pena stated that staff was responding to direction from this Council. He felt that everyone wants to preserve the hillsides. Regarding the issue of boulder fields, he pointed out that when Council went on the tour, they realized that there were areas that had not been thought about that could be adversely affected or affected in a way that they did not perceive or did not anticipate, so BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02 >!!City Council Minutes 33 July 7, 1998 staff tried to incorporate language to cover the comments made by Council. He suggested it be continued and given a re-think. Council Member Sniff felt that the issue of fill material needs to be addressed and that there needs to be a firmer definition of the toe of the slope. He felt that where the rocky hillside meets the alluvial fan should be the definition. He suggested tabling the matter. MOTION It was moved by Council Members Sniff/Adolph to table the matter of General Plan Amendment 98-056 re: Hillside Conservation. Motion carried unanimously. MINUTE ORDER NO.98-121. 6. REVISED DEVELOPMENT REVIEW PROCESS ADMINISTRATIVE FEE SCHEDULE FOR THE COMMUNITY DEVELOPMENT DEPARTMENT. MOTION It was moved by Council Members Sniff/Henderson to continue the matter of the Development Review Process Administrative Fee Schedule to August 4, 1998. Motion carried unanimously. MINUTE ORDER NO.98-122. Council recessed to Closed Session as delineated on Page 1. Council concluded a Closed Session under Government Code Section 54956.6 Employee Evaluation City Manager) and voted unanimously to approve an amendment to the City Manager's contract. Council adjourned to and until the hour of 2:00 p.m. on Monday, July 20, 1998. Re p ctfully submitted, SAUNDRA L. City Clerk City of La Quinta, California BIB] 07-30-1998-U01 01:34:46PM-U01 ADMIN-U01 CCMIN-U02 07-U02 07-U02 1998-U02