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1999 04 20 CC Minutesing -> 10Y LA QUINTA CITY COUNCIL MINUTES APRIL20, 1999 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 None CLOSED SESSION Ms. Honeywell, City Attorney, advised of the need to add a Closed Session item relative to threatened litigation. 1. Evaluation of Council-appointed position City Clerk, pursuant to Government Code Section 54956.6. 2. Conference with legal counsel pursuant to Government Code Section 54956.9(c) concerning threatened litigation relative to the Sonrisa project. Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Council reconvened with no decision being made in Closed Session which requires reporting pursuant to Section 54957.1 of the Government Code Brown Act). PUBLIC COMMENT Audrey Ostrowsky, P.O. Box 351, suggested that an open study meeting be held for property owners to discuss their problems. Her three main problems are: the one-way street around the park; parking; and the need for sewers, which she feels should be government funded. * ** * * * * * * * ** BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 2 April 20, 1999 Lucia Moran, P.O. Box 1305, spoke regarding the success of the Soap Box Derby, advising that 14 La Quinta children and 43 children overall participated in the event. She also thanked the Public Works Department for their help. CONFIRMATION OF AGENDA Mr. Genovese, City Manager, asked that Consent Calendar Item No.8 be moved to Business Session Item No.5. Council Member Sniff asked that Consent Calendar Item No.7 be moved to Business Session Item No.6. APPROVAL OF MINUTES MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of March30, 1999, as submitted. Motion carried unanimously. MOTION It was moved by Council Members Sniff/Adolph to approve the City Council Minutes of April 6, 1 999, as submitted. Motion carried unanimously. ANNOUNCEMENTS None PRESENTATIONS The Mayor presented an art award to Christopher Zamudio of Truman Elementary School whose artwork has been displayed at City Hall. WRITTEN CORRESPONDENCE 1. LETTER FROM LA QUINTA CHAMBER OF COMMERCE REQUESTING CITY REPRESENTATION ON THE LIVING TREASURE AND CITIZEN OF THE YEAR SELECTION COMMITTEE. Pat Cross, 78-570 Saguaro Road, Chairman of the Living Treasure and Citizen of the Year Selection Committee, advised that in order to make this more of a community event, they?ve invited representatives from the Senior Center, La Quinta High School, La Quinta Arts Foundation, Historical Society, and Boys & Girls Club to participate on the selection committee, and they wish to have BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 3 April 20, 1 999 a City representative appointed as well. The committee will meet again on April 27, and the deadline for submitting applications is May 11. See Reports and Informational Item No. H. for Council's decision on this request.) 2. LETTER FROM KSL RECREATION REGARDING THE CITY'S SUPPORT OF PROPOSED SANTA ROSA MOUNTAIN NATIONAL MONUMENT. Council concurred on discussing this under Reports and Informational Item No. J. CONSENT CALENDAR Mayor Pen a asked that Item No.14 be pulled for separate action due to a conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED APRIL 20, 1999. 2. TRANSMITTAL OF TREASURER'S REPORT DATED FEBRUARY 28, 1999, FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. 3. APPROVAL OF REQUEST BY RIVERSIDE COUNTY HEALTH SERVICES AGENCY REGIONAL ACCESS PROJECT TO UTILIZE THE COUNCIL CHAMBER FOR A FREE LA QUINTA IMMUNIZATION CLINIC ON JULY 14 AND AUGUST 11, 1999, FROM 10:00A.M. TO 12:00 P.M. AND TB RECHECK ON JULY 16 AND AUGUST 13, 1999, FROM 10:00 A.M. TO 10:30 A.M. 4. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28960, CENTEX HOMES. RESOLUTION NO.99-51) 5. ADOPTION OF RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT 28603-1, SWH HERMITAGE, LLC. RESOLUTION NO.99-52) 6. ACCEPTANCE OF RIGHT-OF-WAY FOR SCHWABAKER ROAD. 7. SEE BUSINESS SESSION ITEM NO.6. 8. SEE BUSINESS SESSION ITEM NO.5. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 4 April 20, 1999 9. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE CULTURAL ARTS COMMISSIONER TO ATTEND THE CALAA CONFERENCE IN SAN DIEGO, APRIL 30 MAY 2, 1999. 10. APPROVAL OF RELEASE OF PERIMETER WALL SECURITY FOR TRACT 28019 THE SEASONS. 11. ADOPTION OF 199912000 ECONOMIC DEVELOPMENT PLAN. 12. APPROVAL OF SELECTION COMMITTEE?S RECOMMENDATION TO EXECUTE A CONTRACT WITH TERRA NOVA PLANNING AND RESEARCH, INC. FOR THE GENERAL PLAN UPDATE. 13. APPROVAL OF THE REQUEST BY THE COACHELLA VALLEY RECREATION AND PARK DISTRICT TO USE THE FRITZ BURNS PARK RECREATION ROOM FOR SUMMER DAY CAMP. 14. ACCEPTANCE OF GRANT DEED CONVEYING HIGHWAY 111 RIGHT-OF-WAY TO THE CITY AND APPROVAL TO RECONVEY SAME PARCEL TO CALTRANS AND STAMKO DEVELOPMENT COMPANY. See separate action below) MOTION It was moved by Council Members Sniff/Adolph to approve the Consent Calendar as recommended and amended with the exception of Item No. 14 and with Item Nos. 4 and 5 being approved by RESOLUTION NOS. 99-51 and 99-52 respectively. Motion carried unanimously. MINUTE ORDER NO.99-42. Item No.14 MOTION It was moved by Council Members Sniff/Perkins to accept a Grant Deed conveying Highway 111 right-of-way to the City of La Quinta from the Stamko Development Company and authorize the City Clerk to record the Deed and authorize the City Manager to execute a Grant Deed in favor of the State of California conveying the same right-of-way to Caltrans District 8, contingent upon receipt of Caltrans and City Attorney approval of the deed form. Motion carried with Mayor Pena ABSTAINING. MINUTE ORDER NO.99-43. BUSINESS SESSION 1. CONSIDERATION OF THE CITY OF PALM DESERT?S REQUEST FOR FINANCIAL SUPPORT FOR A JULY 4TH CELEBRATION. Ms. Coyle, Management Analyst, advised that the City of Palm Desert has requested financial support in the amount of $5,000 for their July 4?h BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 5 April20, 1999 Celebration, and has asked that a staff member be appointed to help organize the day's activities. In previous years the City has provided $1,000 to the July 4th Greater Desert Fireworks Committee, but Palm Desert paid for the entire event last year as part of their anniversary celebration. In response to Council Member Adolph, Ms. Coyle advised that the funding would have to come from the General Fund Reserve Account. Council Member Sniff was opposed to using the General Fund to support a fireworks show for the City of Palm Desert, who has a larger General Fund than La Quinta. He noted that the City's previous support for the event went to a private committee, not the City of Palm Desert, and suggested that the request be denied. Council Member Henderson agreed, and noted that lndio's request to help fund their fireworks event was denied. She felt that as communities have more and more events, they seem to be depending on other cities for support. Council Member Perkins felt that lndio's request was denied for an entirely different reason, and advised that he would support giving $1,000 to Palm Desert's event as the City has done in the past. Council Member Adolph advised that he could not support using the General Fund for such expenditures, and felt a precedent had been set when lndio's request was denied. Mayor Pena stated that in a spirit of cooperation he would support giving Palm Desert $1 000, noting that a number of La Quinta residents attend the event, and he felt the City would appreciate having support from the neighboring cities when it has a regional event. Council Member Sniff noted that the previous support was given to a private committee, not the City of Palm Desert. MOTION It was moved by Council Members Sniff/Henderson to deny the request of the City of Palm Desert for financial contribution for their July 4th Celebration. Motion carried with Council Member Perkins and Mayor Pena voting NO. MINUTE ORDER NO.99-44. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 6 April 20, 1 999 2. CONSIDERATION OF AMENDMENT TO THE LA QUINTA CHARTER AND MUNICIPAL CODE AMENDING CHAPTER 2.60 RELATIVE TO CONFLICT OF INTEREST" REGULATIONS. Mr. Wilson, Management Analyst, advised that the proposed changes to the City's Conflict of Interest Code are due to recent classification and position changes within the City. References to positions that are no longer in the City's classification system will be deleted, and references to new positions will be added. In response to Council Member Perkins, Mr. Wilson confirmed that the changes relate only to positions required to file conflict of interest forms. MOTION It was moved by Council Members Sniff/Adolph to take up Ordinance No.329 by title and number only and to waive further reading. Motion carried unanimously. ORDINANCE NO.329 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING CHAPTER 2.60 OF THE LA QUINTA CHARTER AND MUNICIPAL CODE. It was moved by Council Members Sniff/Adolph to introduce Ordinance No.329 on first reading. Motion carried by the following vote: AYES: Council Members Adolph, Henderson, Perkins, Sniff, Mayor Pena NOES: None ABSENT: None ABSTAIN: None 3. CONSIDERATION OF AWARD OF CONTRACT FOR CONSTRUCTION OF FRITZ BURNS PARK RETROFIT/BEAR CREEK REST STOPS IMPROVEMENTS, PROJECT 98-16 TO THE LOWEST RESPONSIBLE BIDDER. Mayor Pefla abstained due to a conflict of interest and left the dais. Mr. Vogt, Public Works Director, advised that the City received only one bid, and that the bid was a lot higher than the engineer's estimate for this project. Staff recommended that the bid be rejected, and that the project be restructured so as to allow individual portions of the project to be completed through purchase orders and RFP's. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 7 April 20,1999 In response to Council Member Sniff, Mr. Vogt advised that they will combine the different aspects of the project wherever possible. The construction will be worked around planned functions at the park and bike path, and is scheduled to be completed within six months. Council Member Sniff wished to see it go forward with deliberate speed. Joe Velasquez, 30-354 Pauline, Cathedral City, of Ground Zero Demolition, the responsible low bidder, felt the engineer's estimate failed to take into account the complexity of the project, noting that 1 2 separate trades will be needed to complete the project because none of the manufacturers install their own work. In addition, because of the high activity at the park, the project will require a lot of oversight to make sure that construction areas are not left exposed to the public. He asked that Ground Zero Demolition be awarded the contract, or that staff be directed to enter into negotiation with them. Council Member Adolph noted that this situation has come up other times in the recent past where only one bid in excess of the engineer's estimate was received. He asked if staff felt that this is the wave of the future, and should the City be looking to breaking down these projects and subcontracting them out. Mr. Vogt advised that the two projects referred to were very specialized projects, and he hoped they were isolated incidents. He believed the engineer's estimate was very reasonable. Council Member Sniff agreed that the recent estimates have been way off from the bids, and asked if the City is dealing with current reality. In response to Council Member Sniff, Mr. Vogt advised that a bidding process may be needed for the lighting improvements, but the rest of the project can probably be done with RFPs, which he confirmed that Ground Zero Demolition would be eligible to participate in. He stated that he believed the engineer's estimate is reasonable, and that the bid is high. Mayor Pro Tem Henderson felt it's typical for prices to be high when times are good, and the work is wanted to be done immediately. She agreed that the work needs to be done as soon as possible, but also agreed with revisiting the bid. MOTION It was moved by Council Members Sniff/Adolph to reject all bids and authorize staff to restructure and complete the project in smaller scopes of work and to commence immediately. Motion carried with Mayor Pena ABSENT. MINUTE ORDER NO.99-45. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 8 April 20, 1999 4. CONSIDERATION OF TRAFFIC WARRANT STUDY FOR THE INTERSECTION OF EISENHOWER DRIVE AT CALLE TAMPICO, PROJECT 98-15, CITYWIDE SIGNAL IMPROVEMENTS. Mr. Vogt, Public Works Director, advised that the Traffic Signal Warrant Analysis for the intersection of Eisenhower Drive and Calle Tampico resulted in two conditions being met. However, after conducting further analysis, the consultant has proposed that two through-lanes and one left-turn pocket onto Calle Tampico would raise the efficiency and safety to the same level as a traffic signal at a fraction of the cost. Therefore, staff's recommendation is to move forward with the minor street modifications. Council Member Sniff asked if a warrant analysis has been conducted for the intersection of Avenida Bermudas and Avenue 52, to which Mr. Vogt responded no, but added that one could be initiated since a traffic signal is planned there with future development. Council Member Henderson agreed with doing a warrant analysis on that intersection. However, she felt with or without a traffic signal, that Avenida Bermudas and Eisenhower Drive are both going to look different a year from now, because of the massive amount of construction that's going to be happening in The Village and on Washington Street during the next year. She felt staff's recommendation for these improvements is the best way to go. She also believed that a traffic study is needed at Avenida Bermudas and Calle Tampico, advising that a lot of people feel that a three-way stop sign is needed there. She noted that a lot of traffic would be moving across from Washington Street to Eisenhower Drive when widening of the Washington Street bridge begins. Council Member Sniff agreed with Council Member Henderson about Avenida Bermudas and Calle Tampico, but noted that Washington Street will have two lanes open at all times during construction of the bridge. Council Member Adolph supported staff's recommendation, and advised that he observed the intersection for approximately 45 minutes one morning a few weeks ago and saw no children crossing there. Council Member Perkins felt it's an excellent study, but that it failed to meet the necessary warrants for a traffic signal, and he supported installing the minor improvements recommended by staff. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 9 April 20, 1 999 MOTION It was moved by Council Members PerkinsiHenderson to not install a traffic signal, but to approve the construction of minor intersection street improvements and modification of travel lane assignments at Eisenhower Drive and Calle Tampico, which should increase intersection efficiency, and to accept the Traffic Signal Warrant Analysis. Motion carried unanimously. MINUTE ORDER NO.99-46. 5. CONSIDERATION OF ACCEPTANCE OF PROJECT 98-07, WASHINGTON STREET WIDENING/MILES AVENUE WIDENING. Mr. Vogt, Public Works Director, advised that the project has been completed with two through-lanes matching up with the tennis complex. The drainage has also been reconfigured. In response to Council Member Adolph, Mr. Vogt confirmed that curbs and gutters on the west side will be installed by either Indian Wells or the County, and that they will tie into the bridge. Council Member Perkins noted that the curb height on the west side of Washington Street by the church will result in drainage going into La Quinta. Mr. Vogt advised that the church construction matches the super elevation of the existing road. When he questioned the County engineers about it, they have confirmed that it's as they intended. He noted, however, that the street will only get localized drainage because the development must retain a 1 00-year storm onsite. Mayor Pena said he's had a lot of good comments about the delineators installed to force right-turns onto Fred Waring Drive, but noted that six have already been destroyed. Council Member Perkins suggested that the left-turn pocket onto Fred Waring Drive be extended in the near future. Mr. Vogt advised that the church is conditioned to extend the pocket. However, it may be worthwhile for the City to go ahead with it since that part of their project seems to be lagging. MOTION It was moved by Council Members Sniff/Henderson to: 1) accept Project No. 98-07, Washington Street Widening/Miles Avenue Widening Improvements, as 100% complete; 2) authorize the City Clerk to file a Notice of Completion with the Office of the County Recorder; and 3) authorize staff to release security in lieu of retention, 35 days after recordation of the Notice of Completion. Motion carried unanimously. MINUTE ORDER NO.99-47. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 10 April 20, 1999 6. CONSIDERATION OF APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE FOR CAPITAL IMPROVEMENT PROJECT 98-09, WASHINGTON STREET BRIDGE WIDENING. There were no changes to the staff report as submitted to the City Council by the Public Works Department and on file in the City Clerk's Department. In response to Council Member Sniff, Mr. Vogt, Public Works Director, advised that the difference in the estimates is due to the current estimate being more detailed than the original one. He advised that the bridge structure itself and the retaining wall are within budget, and that the major difference lies in the costs of road improvements, striping, and traffic signal changes that were not included in the original estimate. Landscaping was also not included in the original estimate for the CIP. In regard to the proposed completion schedule, he believed that January 2000 is realistic for completion of the project. Council Member Sniff was somewhat skeptical about the work being completed by January, and wished to have an ironclad assurance that traffic will be kept flowing smoothly in both directions during the entire construction period. Mr. Vogt advised that the contract is phased so as to allow at least one lane of traffic to be kept open in each direction throughout the duration of the contract. In response to Council Member Henderson, Mr. Vogt advised that the previous SLTPP funding amount was based on an estimate, and when the bids come in it could change again. He also confirmed that the City could lose the SLTPP funding if a bid is not awarded by June 1 5. MOTION It was moved by Council Members Sniff/Henderson to: 1) approve the plans, specifications, and engineer's estimate for Capital Improvement Project No.98-09, Washington Street Bridge-Widening; 2) authorize staff to advertise for bids to construct the Washington Street Bridge Widening improvements; and 3) authorize the extension of the Professional Services Agreement with Holmes & Narver Inc., in the amount of $170,263 to include construction management and inspection services. Motion carried unanimously. MINUTE ORDER NO.99-48. STUDY SESSION None BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 11 April 20, 1 999 REPORTS AND INFORMATIONAL ITEMS Mayor Pena reported on the latest information received on the Colorado School shooting incident, and a brief discussion ensued regarding the need to have a coordinated effort between the schools, sheriff, and hospitals in the event that such a disaster should happen locally. * * * ** ** * * * * Chamber of Commerce Workshop/Information Exchange Committee In response to Council Member Henderson, Mayor Pena advised that he has attended two workshop meetings. A brief discussion ensued regarding the Chamber?s request for City representation on the Living Treasure and Citizen of the Year Selection Committee. Council concurred on sending a letter declining the invitation to participate. * * * * * ** * * * * * C. V. Mosquito and Vector Control District/Roof Rat Distribution Assessment Council Member Henderson noted that the report indicates the assessment was hindered due to a short time frame, and asked if there was a plan to repeat it. Council Member Perkins advised that there will be a follow-up report, and noted that fruit laying on the ground is one of the biggest problems. Council Member Henderson suggested putting some of this information on the City page in the La Quinta Post. Council concurred. * * * * ** * * ** * * Council Member Perkins pointed out that the Thermal Airport should be referred to by its proper name of Desert Resorts Regional Airport, and the Palm Springs Airport should be called the Palm Springs International' Airport. * * * * * * * * * * * C. V. Mountains Conservancy Mayor Pena referred to KSL's letter under Written Correspondence and asked if Council wished to reconsider it. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 1 2 April 20, 1 999 Council Member Perkins felt the Council had already covered the points brought up by KSL in their letter. Council Member Sniff didn?t support bringing it back for reconsideration, noting that KSL can voice their concerns to the Conservancy or to Congresswoman Bono's Office because it?s still a work in progress. Mayor Pena felt that the City should respond to the letter, and perhaps forward it to Congresswoman Bono's Office. Council Member Henderson asked if the City had received clarification on the boundaries. Mr. Weiss, Assistant City Manager, advised that the Conservancy boundaries generally follow the toe of the slope, but BLM used the National Scenic boundaries in defining the National Monument boundaries, and those boundaries extend beyond the toe of the slope in some areas. In the southeastern portion of the City, the National Monument boundary generally follows the Wildlife Conservation Area to the County line, and on the backside of the ridge it follows the Conservancy boundary. He advised that it follows different boundaries, and is a separate boundary line unto itself. Council Member Henderson asked if Council wished to revisit the boundaries in regard to what the City feels is appropriate for La Quinta. Council Member Sniff pointed out that the language within the legislation, which is pre-eminent, excludes the various municipalities from the National Monument designation. Mayor Pena noted that it excludes private lands as well. Council Member Adolph understood that KSL's concern is related to the possibility of the area being expanded sometime in the future and affect future construction. Council Member Sniff noted that the language in the legislation requires willing'? sellers, as well as buyers. Mayor Pena suggested KSL be encouraged to stay involved with the process, and to contact the various legislators. Council concurred. * * * ** * ** * ** BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10Y City Council Minutes 1 3 April 20, 1999 League of California Cities Riverside Division Council Member Henderson reported that the League is lobbying for a NO vote on SB 402 mandatory arbitration). She also advised that the next general membership meeting will be held in Banning on May 10. * * * * * * ** * * * Riverside County Transportation Commission Mayor Pena advised that a ribbon cutting ceremony for the Highway 86 interchange will be held on April 23 at 8:30 a.m. * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS Mr. Genovese, City Manager, advised that Department Report H-2 for the Sonrisa development would be given during the evening session. C-i. UNITED WAY DINNER AND RE-OPENING OF THE LIBRARY. Mrs. Juhola, City Clerk, asked if there was any desire to purchase a table for the United Way Dinner and there was not. She also advised that there would be a soft-opening for the library on May 1, and that the County is looking for a date for the formal opening. Council concurred on scheduling the formal opening for May 17. * * * * ** * * * ** Council Member Henderson commented on the brochure for the Marion Henderson Clean Up Days in La Quinta, and asked that it be sent to the other cities with a follow- up letter regarding renaming of the event. * * ** * * * * * * * G-1. REVENUE AND EXPENDITURES REPORT DATED FEBRUARY 28, 1999, AND INVESTMENT SUMMARY FOR THE QUARTER ENDING MARCH 31, 1999, FOR THE CITY OF LA QUINTA AND THE LA QUINTA FINANCING AUTHORITY. MOTION It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report dated February 28, 1 999, for the City of La Quinta. Motion carried unanimously. MINUTE ORDER NO.99-49. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 14 April 20,1999 MOTION It was moved by Council Members Sniff/Adolph to receive and file the Revenue & Expenditures Report dated February 28, 1 999, for the La Quinta Financing Authority. Motion carried unanimously. MINUTE ORDER NO.99-50. MAYOR AND COUNCIL MEMBERS' ITEMS 1. ACQUISITION AND PRESERVATION OF A PARCEL OF OUR REMAINING SAND DUNE LAND. Council Member Sniff commented on how the City's topography is changing with development, and suggested that two or three areas of natural desert land with sand dunes be selected for preservation on City or RDA-owned land. He suggested Miles Avenue and Washington Street and Adams Street and Avenue 48 as potential sites, and felt the preserved areas could be watered some to encourage the growth of verbenas and other desert flowers. He felt the two-to- three-acre parcels should be natural land, noting that some of the creosote bushes in the City are up to 900 years old. In addition, he felt that within the approval of certain projects, perhaps the City could ask that small areas be preserved in their natural state. Council Member Adolph noted that there's been some discussion about putting a park on the City property at Adams Street and Westward Ho Drive, and suggested the possibility of leaving a portion of that land in its natural state. Mayor Pena was generally supportive of the idea. In response to Council Member Henderson, Mr. Genovese, City Manager, confirmed that a nature area is being reserved on the Mira Flores site, but advised that it has been disturbed somewhat from its natural state. Council concurred on asking staff to look into identifying potential sites within the City for preservation of desert land in its natural state. Council recessed to Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 p.m. 7:00 P.M. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 15 April20, 1999 PUBLIC COMMENT None PRESENTATIONS The Mayor and Council Members presented art awards to the following students of Truman Elementary School whose artwork has been displayed at City Hall: Jared Aguirre Mallorie Flores Jennifer Nagels Diane Aldaz Andrew Garcia Grant Nelson Jennifer Aposhian Boni Rae Hernandez Scott Nelson Angela Ault Ricardo Hernandez Monique Nuno Carlos Barboza Gina Herrera Emily Perdue Preston Barger Lelton Holland Jessica Perez Catrina Belmonte Jesse Irvin Alexis Pollard Megan Berlinger Erik Jenkins Samantha Pollard Kyle Boeckmann Valerie Jensen Keisha Raines Kenny Brewster Artie Juarez Kannon Riding Robert Cabrera Scarlett Kapella Andrea Serrano Jessica Cardona Drew Keller Almica Soto Amy Cooper Brock Kienzie Paige Stanley Danette Davis Sarah King Leighann Stone Jennifer De La Torre Holli Knight Eric Strege Gabriella De Oliveira Joshua Lakos Alisha Turner Vicky Dominguez Leslie Latta Alexis Tveit Tiffany Draper Lesley Luna Moises Valdez Jasmine Duran Gio Machado Alicia Valdivia-Hidalgo Derek Ellerbrock Woody Mason Alec Viveros Michael Fenn Pat Meyers Miguel Washington-Forrester Christina Fenn Jessica Mitchell Kenze Waxlax PUBLIC HEARINGS 1. CERTIFICATION OF ENVIRONMENTAL ASSESSMENT 98-369 AND APPROVAL OF TENTATIVE TRACT MAP 28982, SITE DEVELOPMENT PERMIT 98-631, AND TRACT 24230 AMENDMENT NO.1) A REQUEST TO SUBDIVIDE 10.17 ACRES FOR DEVELOPMENT OF 160 AIRSPACE CONDOMINIUMS AND ELIMINATION OF A REQUIREMENT TO PROVIDE AFFORDABLE HOUSING UNITS WITHIN THE DEVELOPMENT LOCATED ON THE SOUTHWEST CORNER OF AVENUE 47 AND ADAMS STREET. APPLICANT: MAINIERO, SMITH AND ASSOCIATES, INC. FOR A. G. SPANOS CORPORATION. Mr. Herman, Community Development Director, advised that the applicant is requesting that this item, which was continued on February 1 6 and BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 1 6 April 20, 1 999 March 1 6, 1 999, be granted another continuance, and staff recommends a continuance to May 1 8, 1 999. MOTION It was moved by Council Members Sniff/Henderson to continue the public hearing for Environmental Assessment 98-369, Tentative Tract Map 28982, Site Development Permit 98-631, and Tract 24230 Amendment No.1) for Mainiero Smith & Associates and A. G. Spanos Corporation to May 18, 1 999. Motion carried unanimously. MINUTE ORDER NO.99-51. 2. FISCAL YEAR 199912000 THROUGH 2003/2004 CAPITAL IMPROVEMENT PROGRAM. The Mayor declared the PUBLIC HEARING OPEN. Mr. Vogt, Public Works Director, advised that the Capital Improvement Program CIP) for FY 1 999/2000 through 2003/2004 includes projects prioritized for the next five years, as well as additional projects. Staff has taken a conservative approach in preparing the CIP, using only those infrastructure fees that are currently available and not projections. The first year of the CIP is called the Capital Budget. Projects in the FY 1998/99 CIP, which totals $12,090,798, have all been completed or are in various stages of design or construction except for the Cove Oasis/Lake Cahuilla Trail, which will be carried over into the next fiscal year. The Washington Street widening project from Fred Waring Drive to the north City limits), which was originally budgeted, is now a part of the overall County project that includes Indian Wells, Palm Desert, Riverside County, and La Quinta. Capital Budget projects for 1999/2000 total $11,071,959, and the estimated total project costs for the Five-Year CIP is $21 693,679, with additional projects totaling $12,128,084. Past projects recommended to be moved to the Additional Projects list are: the community drop-off facility; the fueling station at the City yard; and the traffic signal at Calle Tampico and entrance to The Village Shopping Center. The following projects are proposed for FY 1 999/2000: sidewalks at various locations for $25,000; handicap ramps at various locations for $10,000; Washington Street bridge widening for $1,825,535; Avenue 52 widening at the curve for $82,243; Calle Tampico median landscaping for $210,728; 18-acre park site design for $225,000; and Phase 1 of Jefferson Street ultimate improvements from Highway 111 to Avenue 54 for $8,364,000. He advised that during the Study Session on March 1 6, 1 999, Council added a project for the Sinaba median landscaping at an estimated cost of $93,773, and staff is proposing that a project be added BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 1 7 April 20, 1 999 to complete the median landscaping on Avenue 52 from Desert Club to Avenida Bermudas at an estimated cost of $57,000. The following projects have been removed from the Additional Projects list, as directed by Council: the Historical Society Museum for $125,000; the child care facility for $1 5 million; and the bike rental/snack shop at Bear Creek Bike Path for $506,800. Additional changes include allocating the $50,000 reimbursement for the Washington Street/I-i 0 Interchange to come from Redevelopment Agency Project Area No.1 instead of the Infrastructure Fund, and increasing the infrastructure contribution amount for the Washington Street widening project Avenue 50 to The Village Shopping Center) from $666,627 to $1,385,702. In response to Council Member Adolph, Mr. Vogt advised that the projects listed as being underway, such as the Civic Center Campus, are in various stages of design, planning, or construction. The Parc La Quinta undergrounding project is complete with the exception of lID pulling their lines through the conduit and removing the poles, and as for the Washington Street/I-i 0 Interchange, the City is paying annual reimbursement payments of $50,000 toward an outstanding balance of approximately $680,000. Council Member Perkins noted that the Capital Budget is based on cash on hand, not on anticipated revenues. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. Council Member Adolph asked if any of the additional projects besides the sound wall would require an assessment district. Council Member Henderson noted that all of the sewer improvements will require assessment districts. Mr. Vogt advised that staff may be successful in obtaining grants for some of the projects. Council Member Adolph noted that the seniors have asked for additional shade structures at the Senior Center, and he suggested adding it under additional projects for the future. Council concurred on the need. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 18 April 20, 1 999 Council Member Henderson suggested putting desert landscaping such as Palm Springs Gold, in the Calle Tampico and Calle Sinaba medians until the improvements in The Village area are done, and then perhaps the shade structures could be considered. Mayor Pena agreed. Mr. Vogt pointed out that each of the CIP projects will come before Council prior to the bidding process, and could be modified at that time. Council Member Henderson noted that by leaving them in the CIP, the Public Works Department, which is already very busy, would be responsible for continuing to work on them. Mr. Genovese, City Manager, advised that one option would be to place the projects on hold, but still doing the work on them that is necessary because they might be bid as add-alternates in The Village improvements. He felt that work on cleaning up the medians could go forward, but noted that irrigation should be installed before putting in any type of desert landscaping. Council Member Perkins felt the CIP is well done, and suggested moving forward with staff's recommendation for approval. Council Member Sniff agreed, and felt that it would be more appropriate to deal with the projects individually as they come before Council. RESOLUTION NO.99-53 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, ADOPTING THE FISCAL YEAR 1999/2000 THROUGH 2003/2004 CAPITAL IMPROVEMENT PLAN. It was moved by Council Members Sniff/Adolph to adopt Resolution No.99-53 as submitted. Motion carried unanimously. JOINT PUBLIC HEARING WITH THE LA QUINTA REDEVELOPMENT AGENCY 3. RIGHT-OF-WAY CONVEYANCE FROM THE LA QUINTA REDEVELOPMENT AGENCY TO THE CITY OF LA QUINTA TO FACILITATE IMPROVEMENTS TO WASHINGTON STREET, MILES AVENUE, AND THE WASHINGTON STREET/MILES AVENUE INTERSECTION. The Mayor declared the PUBLIC HEARING OPEN. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 1 9 April 20, 1999 Mr. Vogt, Public Works Director, advised that in 1 995, the Redevelopment Agency purchased 55 acres on the southwest corner of Washington Street and Miles Avenue, and that the street and median improvements adjacent to the property have been completed. He advised that 1.01 acres of right-of-way are required for these improvements, and that California Community Redevelopment Law requires a joint public hearing of the City Council and the Redevelopment Agency prior to conveying land acquired with tax increment revenue. In response to Council Member Adolph, Mr. Vogt advised that staff has informed the County that the City expects to be credited for the median and widening improvements already completed by the City. There being no one else wishing to speak, the Mayor declared the PUBLIC HEARING CLOSED. MOTION It was moved by Council Members Sniff/Henderson to authorize the right-of-way conveyance from the La Quinta Redevelopment Agency to the City of La Quinta to facilitate improvements to Washington Street, Miles Avenue, and the Washington Street/Miles Avenue intersection. Motion carried unanimously. MINUTE ORDER NO.99-52. DEPARTMENT REPORTS....................continued H-2. REPORT REGARDING THE SONRISA HOUSING DEVELOPMENT. TRACT 25953, NORTH OF MILES AVENUE AND WEST OF DUNE PALMS ROAD. Mr. Vogt, Public Works Director, advised that on April 6, 1 999, a number of residents voiced concerns about the Sonrisa development, and Council directed staff to investigate those concerns and to report back to Council. He advised that the tract was originally approved in July 1 990, and that a condition placed on it states that The tract shall be designed and graded in a manner so the difference in the building pad elevations between contiguous lots that share a common frontage or joined lots with adjoining existing tracts or approved tentative tracts does not exceed three feet. The pad elevation of contiguous lots within the subject tract that do not share common streets shall not exceed five feet." In December 1 997, new owners of the tract, Oliphant and Williams, received approval of a revised tract layout, which included a similar condition stating that, The applicant shall endeavor to minimize differences in elevation at the interface of this development with abutting properties and of separate tracts and lots within this development. Building pad elevations on contiguous lots shall not differ by more than three feet except for BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 20 April 20, 1 999 lots within the tract, but not sharing common street frontage where the difference shall not exceed five feet." He advised that the five Planning Commission public hearings and four City Council public hearings that have been held on this project since June 1 990, were advertised in the Desert Sun, and public hearing notices were mailed to property owners within 300 to 500 feet of the project. In August 1 990, the project was conditioned to require that 75% of the dwelling units within 1 50 feet of the ultimate right-of-way of Miles Avenue shall be limited to one story and not exceed 20 feet in height. The applicant shall submit to the Community Development Department for their approval a drawing showing the location of any units higher than one story located along Miles Avenue frontage. Along the north property line of the tract, all dwelling units shall be limited to one story, not to exceed 20 feet in height, except for units on Lots 117 and 135, which may be two story." In December 1997, the tract was approved with the following condition that Two-story building elements are not permitted to be constructed along the west and north tract boundaries." He advised that the houses approved for this tract do not exceed 1 7 feet in height as approved by the Planning Commission. Council Member Adolph asked what changes were made in 1 997 to the street and lot configurations. Mr. Speer, Senior Engineer, advised that there were some interior street changes, and the number of lots adjacent to the La Quinta Palms development was reduced. The pad elevations on the current map are a little lower in the areas remote to La Quinta Palms, but for the most part, the tract is real similar to the originally-approved tract map. Council Member Adolph noted that the grading plans received by Council are conceptual and not detailed, and advised that he's going to start wanting to see more detail in the future. He felt it's obvious that the current problem is due to soil being moved around the site as opposed to being removed from the site. Mayor Pena noted that it was decided at the last joint meeting with the Planning Commission that Council wants to start seeing better review of contiguous properties. Bob Miller, 79-255 Horizon Palms, felt the Council in 1 990 dropped the ball and let the La Quinta Palms residents down. He thanked the Council Members that came out to view the project from their side of the wall. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 21 April 20, 1 999 Perry Scotti, 44-645 Marguerite Court, questioned why he and other residents failed to receive public hearing notices in regard to the October and December 1 997 public hearings, and why the language in the notices failed to indicate the developer's intent of radically changing the topography or elevations of the project. He urged the Council to reconsider this issue and to do what's right. Gil Roberge, 44-465 Marigold Lane, stated that he didn't recall being notified of any changes, and was concerned about losing his view of the mountains. He asked if anything can be done to stop it. Nancy Kever, 79-401 Horizon Palms Circle, spoke regarding a petition submitted by La Quinta Palms residents, and advised that her main concern is how the pad elevations will affect the aesthetics and resale value of their homes. She said that it appears that code regulations allow new homes to be built at pad elevations up to five feet higher than the existing home pad elevations, yet the pad heights are the same as the south perimeter wall of the La Quinta Palms development, and in some cases even higher than the top of the wall, which will cause the residents living adjacent to the Sonrisa development to lose their entire view of the mountains. She asked the Council to take another look at the residents concerns, not just from a regulatory perspective, but from the residents' point of view. The residents have always known that the adjacent property would someday be developed, but they never imagined that their mountain view would be totally obstructed. Jim Humberd, 79-409 Horizon Palms, noted that the dirt is two feet higher than the five-foot-high wall, and asked how that is measured at three feet. He also asked what they can do to make sure that it is only three feet maximum, and if any consideration had been given to the concerns of the La Quinta Palms residents. He didn't receive a public hearing notice even though he had asked in September 1 997 to be contacted if anything was going to be changed. Mr. Speer explained that the elevation at the top of the existing wall is 81.4 feet, and that after the extra dirt above the height of the wall is moved, the finished pad elevation will be 81 feet. He advised that the pad elevation at La Quinta Palms is 77.5 feet. May Maxwell, a resident of Cactus Flower development, stated that the dirt is higher than her block wall, and that it's going to be worse when a house is built. William Rushworth, 44-240 E. Sundown Crest, thanked the Council for taking the time to visit the project site, and stated that he felt partly to blame for what's happening because he was on the City Council when the project was BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 22 April 20, 1 999 originally approved. However, the way it was presented at that time, he understood that the pads would only be three feet above the plot level, not the pad level. He agreed with Council Member Adolph that pad elevations on grading plans need to be checked to make sure that what you see is what you're getting. Franco Galinaro, 79-375 Horizon Palms Circle, didn't have a problem with the pad elevations being three feet higher than La Quinta Palms as long as the current height is graded down to that level. Dick Oliphant, Chairman of the Board of Oliphant and Williams, noted that they have lowered the elevation from what was originally approved in 1 990, and that they will be building only one-story homes. He explained that in order to get into the sewer main at Nuevo and to meet today's requirements of retaining all storm water on site in retention basins, they've held the grading as low as possible. He advised that what the residents currently see on the project is not finished grading, but rather a stockpile of dirt from their Phase 2 construction that will be removed, and the pads will not be over three feet above the housing pads in La Quinta Palms. He pointed out that when the La Quinta Palms development was built, the drainage was designed to go into the streets, rather than be retained on site, and that it was built at an elevation that could not be built today. In regard to the wall, they intend to match the current wall, and would like to build it five feet high instead of six feet high to minimize the overall height, making the highest point 11 feet above curb level. He felt wrought-iron fencing was a poor solution because it results in homeowners building fences that don't match. He noted that the elevation differences between the two projects is partly due to the La Quinta Palms streets being built three feet below their building pads. In response to Council Member Henderson, Mr. Oliphant advised that stakes have been set to show where the top of the wall will be. In response to Council Member Adolph, Mr. Oliphant confirmed that the project drops eight feet from the north property line to the lowest site elevation. Council Member Adolph pointed out that sewage can be pumped, and noted that the developer had agreed to minimize the elevation differences with abutting properties. Mr. Oliphant advised that they have tried to mitigate the impact on their views by minimizing the elevation differences by lowering the elevation from what was originally approved, and by not building two-story homes. He advised that none BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 23 April 20,1 999 of the pad elevations will be above the current wall, and that in most places the building pads will be two to three feet below the wall. Council Member Sniff wished to see the residents' concerns alleviated if possible, pointing out that force mains can be used to pump sewage. He also felt the water retention problem could be solved. Mr. Oliphant advised that he cannot lower the project any more than what it is already designed, and that CVWD will not accept pumped sewage. They have lowered the pads from what was purchased, and have reduced the number of lots, and there's no way economically that they can change the grading design at this point. He advised that the stockpile of dirt should be completely removed by the middle of May. Ms. Honeywell, City Attorney, pointed out that this project, which was approved in 1 990, is not on the agenda for action, but rather for discussion of the resident's concerns. She noted that the condition requiring the pad elevations to not be more than three feet above the adjacent pads was specifically tailored to address the concerns of the La Quinta Palms development. As for the public hearing notices, she advised that the tract map was legally noticed, and that when such a notice is mailed for a new subdivision or an amendment to a subdivision, the recipient of that notice is being notified that any thing that can be conditioned on that subdivision is open for public discussion at that particular public hearing. She also noted that the City goes beyond State Law distance requirements in mailing notices to surrounding property owners. The conditions on this tract have been in place for years, and potential homebuyers could have found that out had they chose to review the tract map before purchasing their properties. She advised that the tract map is completely final, and considered legally vested" because of the amount of money the developer has spent on the project. Therefore, the legislative body has no ability to change any of the conditions placed on the map. The map is conditioned with the three-foot requirement, and City engineers will make sure that the final grading does not exceed the three feet. In regard to the wall material, she advised that staff is working with the developer to make sure that it will not be chain link fencing. Mr. Scotti stated that his argument was that the public hearing notices lacked content, and did not mention that the pad elevations would be increased. Mayor Pena noted that the developer went lower with the elevations than what the prior approval allowed. BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02 ing -> 10YCity Council Minutes 24 April 20, 1999 Council Member Henderson advised that her questions have all been answered, noting that the houses will set back at least 20 feet from the wall, that the wall will most likely be made of block, and will not be made of wrought-iron. As for the wrought-iron fencing that exists next door, she suggested that the residents work with the neighboring development to see what can be done, and advised that the City will do whatever it can to help expedite it. This is a legally approved project, and she felt that it will turn out a lot better than it appears at this time. Council Member Sniff felt it's an unfortunate situation, noting that a significant portion of the City's population is potentially being denied a view of the mountains, and that the City can't legally do anything about it because the developer has rights, and has indicated that he can't make any further changes. Mayor Pena believed that everyone wishes that something could be done. Mr. Galinaro asked if they could get an injunction against the development if they can prove that it was misrepresented from the beginning. Ms. Honeywell advised that all the City can do at this point is to enforce the conditions placed on the development, and make sure that the pad elevations are within the three feet requirement. Council Member Sniff noted that there didn't appear to be any water trucks on site during the wind storms, and understood from some of the residents that water trucks weren't being used on the weekend. Mr. Oliphant advised that they have used water trucks, and have poured a lot of water on the site. The water trucks failed to show up one weekend because of the demand for them, but they'll do their best to keep it watered down. No action was taken on this matter. There being no further business, it was moved by Council Members Sniff/Adolph to adjourn. Motion carried unanimously. AUNDRA L. JUHOLA, City Clerk City of La Quinta, California BIB] 05-05-1999-U01 08:09:04AM-U01 ADMIN-U01 CCMIN-U02 04-U02 20-U02 1999-U02