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2004 05 18 CC Minutes LA QUINT A CITY COUNCIL - MINUTES MAY 18,2004 A regular meeting of the La Ouinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. t I PRESENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT - None I I . CLOSED SESSION 1. Conference with the City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and . conditions of acquisition and/or disposition of 16.03 acres located near the I ; southwest corner of Highway 111 and Jefferson Street (APNs: 649-030- 010, 649-030-013, and 649-030-007). Property Owner/Negotiator: Komar - Investments. : 2. Conference with the City's real property negotiator, Mark Weiss, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of property located at the northeast corner of Washington Street and Fred Waring Drive (APN: 609- 070-034). Property Owner/Negotiator: Laurich Properties, Inc. 3. Conference with the City's legal counsel pursuant to Government Code Section 54956.9(a) regarding pending litigation, Coachella Valley Water District v. City of La Quinta, Riverside Superior Court Case INC 010827. 4. Public Employee Performance Evaluation pursuant to Government Code I Section 54957, Council appointed position - City Manager. I I I , Council recessed to Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. - I l ' City Council Minutes 2 May 18, 2004 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. He also requested a moment of silence in memory of Fred Wolff who was the City's first Mayor and passed away this morning. PUBLIC COMMENT Patrick Swarthout, Public Affairs Manager of The Gas Company, gave a brief overview of a new safety program The Gas Company has implemented to analyze the condition of gas lines and to clean them. CONFIRMATION OF AGENDA - Confirmed ANNOUNCEMENTS - None PRESENTATIONS Mayor Adolph presented a proclamation to Don Gomsi, General Manager of the Coachella Valley Mosquito and Vector Control District, in honor of West Nile Virus Awareness Month. Mr. Gomsi reported mosquitoes testing positive for the West Nile Virus have been found near the Salton Sea. The District is doing everything possible to eliminate the spread, and to encourage people to use strong insect repellant. Council Member Perkins expressed appreciation for Mr. Gomsi's accomplishments for the District. In response to Council Member Henderson, Mr. .Gomsi indicated the State has agreed to run the tests every two weeks instead of once a month, which will provide faster test results. * * * * * * * * * * Diane Glanz, Executive Director of the La Quinta Chamber of Commerce, referenced distribution of their quarterly update on the Chamber's activities, and advised she was available to answer questions. She also indicated David Howard will be the Chairman for FY 2004/2005. . , -- i City Council Minutes 3 May 18, 2004 r-- i WRITTEN CORRESPONDENCE - None I APPROVAL OF MINUTES I MOTION - It was moved by Council Members Henderson/Sniff to approve the City Council Minutes of April 12, 2004, as submitted. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of May 4, 2004, as submitted. Motion carried unanimously. MOTION -It was moved by Council Members Sniff/Henderson to approve the Joint City. Council/Planning Commission Minutes of April 27, 2004, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Perkins requested Item No. 15 be pulled for separate action, and Council Member Osborne requested Item No. 13 be moved to Business Item No.4. - 1. APPROVAL OF DEMAND REGISTER DATED MAY 18, 2004. 2. TRANSMITTAL OF TREASURER'S REPORT DATED MARCH 31, 2004. 3. TRANSMITTAL OF REVENUE & EXPENDITURES REPORT DATED MARCH 31,2004. 4. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY. 5. APPROVAL OF THE LA QUINTA PARK SKATE PARK CONCEPT. 6. APPROVAL OF AN ART PURCHASE AGREEMENT WITH MARK LEICHLITER FOR THE PUBLIC SAFETY OFFICERS SCULPTURE. 7. APPROVAL OF A MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CV AG) AND THE CITY OF LA QUINT A FOR ALLOCATING A PORTION OF AB 2766 MOTOR VEHICLE REGISTRATION FEE ASSESSMENTS TO CV AG FOR REGIONAL STREET SWEEPING SERVICES. r-- I City Council Minutes 4 May 18, 2004 8. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM TOPAZ ASSOCIATES, L.P., A CALIFORNIA LIMITED PARTNERSHIP, FOR A FLOOD REGULATION BASIN AND OPEN SPACE, LOT D OF TRACT NO. 25363-2, APN: 604-345-006. (RESOLUTION NO. 2004-050) 9. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM RANCHO OCOTILLO, L.P., A DELAWARE LIMITED PARTNERSHIP, FOR A FLOOD REGULATION BASIN LOCATED AT 44-425 CAMINO AZUL, TRACT NO. 24517, APN: 604-191-006. (RESOLUTION NO. 2004-051) 10. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM SIENNA DEL REY, L.L.C., A CALIFORNIA LIMITED PARTNERSHIP, FOR LOTS AA, BB, AND CC OF TRACT NO. 23995-7, APNs: 604-421-009, 604- 422-011, AND 604-422-010 RESPECTIVELY, FOR PUBLIC UTILITIES, PEDESTRIAN, LANDSCAPE, AND STORM WATER PURPOSES. (RESOLUTION NO. 2004-052) 11. ACCEPTANCE OF NEW TRAFFIC SIGNAL IMPROVEMENTS (ADAMS STREET AT WESTWARD HO DRIVE), PROJECT NO. 2002-06. 12. ADOPTION OF THE CITY OF LA QUINT A ECONOMIC DEVELOPMENT PLAN FOR FISCAL YEAR 2004/2005. 13. SEE BUSINESS ITEM NO.4. 14. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR INSTALLATION OF A SIDEWALK ON THE SOUTH SIDE OF WESTWARD HO DRIVE TO A POINT APPROXIMATELY 650 LINEAR FEET EAST OF DUNE PALMS ROAD. 15. APPROVAL OF APPLICATION FOR SB 821 BICYCLE AND PEDESTRIAN FACILITIES PROGRAM GRANT FUNDS FOR BIKE LANE STRIPING AND SIGNAGE ALONG PORTIONS OF AVENUE 52 FROM EISENHOWER DRIVE TO JEFFERSON STREET. 16. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR TWO MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE OF CALIFORNIA CITIES MAYOR AND COUNCIL MEMBERS EXECUTIVE FORUM IN MONTEREY, CALIFORNIA, JULY 28-30, 2004. 17. ADOPTION OF A RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2004/2005. (RESOLUTION NO. 2004-053) ----~-------_.._.__.- ----- --- - - r I City Council Minutes 5 May 18, 2004 MOTION - It was moved by Council Members Perkins/Osborne to approve r-- the Consent Calendar as recommended and amended with the exception of Item Nos. 1 3 and 1 5 and with Item Nos. 8, 9, 1 0, and 1 7 being approved by . RESOLUTION NOS. 2004-050 through 2004-053 respectively. Motion carried unanimously. MINUTE ORDER NO. 2004-52. I . Item No. 15: I Council Member Perkins requested staff look into the possibility of providing bike lanes on Washington Street. MOTION - It was moved by Council Members Perkins/Sniff to approve Consent Item No. 15, approving an SB 821 Program Grant Application in the amount of $10, 104 for bike lane striping and signage along portions of Avenue 52 from Eisenhower Drive to Jefferson Street. Motion carried unanimously. MINUTE ORDER NO. 2004-53. BUSINESS SESSION 1. CONSIDERATION OF AN AGREEMENT WITH THE BOB HOPE CHRYSLER ,.- CLASSIC TO HOST THE HOPE CLASSIC TOURNAMENT AT SIL VERROCK RESORT. Assistant City Manager Weiss presented the staff report. In response to Council Member Sniff, Mr. Weiss explained "opportunity costs" is the loss of revenue when the golf course is in tournament play. The non-exclusive period will be longer when SilverRock is the host course because of additional time needed. to remove the grandstands. The timeframe for removing the stands will be stipulated in the agreement, and the removal will not impact golf course play. He confirmed the annual cost will range from $250,000 to $464,000 but noted the ERA analysis indicates an estimated revenue stream of $250,000 to $500,000 from having the tournament held on the course in addition to $50,000 for marketing potential. That results in an estimated annual net revenue of $86,000. Golf course operators have indicated they feel there is value in having a tournament, such as the Hope Classic, held at the golf course because it provides national exposure, and ultimately enhances value of play. Under the agreement, SilverRock will be the home course with the final round played there every other year, once the course is deemed suitable for - tournament quality standard. , , I City Council Minutes 6 May 18, 2004 In response to Mayor Adolph, Mr. Weiss confirmed the estimated costs include the $50,000 site fee and $10 per round. In response to Mayor Adolph, City Attorney Jenson advised the agreement provides parallel indemnification for negligence or willful misconduct, including some additional indemnification requirements in Section 16.2. She indicated she is relatively comfortable with the liability issues. John Foster, President of Desert Classic Charities, stated he feels the agreement is a great opportunity for both the City and the tournament. They desire a long-term relationship, and foresee changing the tournament into a community event where entire families can have a picnic and watch golf at the same time. In response to Council Member Sniff, Mr. Foster indicated attendance is higher on weekends but attendance is not the biggest factor. Since the larger crowd tends to follow celebrity play, they have considered splitting the celebrities between the four courses but feel it's better to keep them on the same course. He noted the pros have their own followers. He confirmed the parking fees and concession sales on the course will go to the Classic. Council Member Henderson stated she supports the agreement and feels it will be good for both the City and the Classic. Council Member Perkins stated he is looking forward to a successful relationship between the City and the Classic. Mayor Adolph noted non-profit organizations benefit from the tournament, and SilverRock will have room for all the amenities needed by the tournament. He commented on the possibility of hosting other golf tournaments. Council Member Osborne spoke in support of the contract, and noted the costs will be lower initially and increase as tournament play increases. He advised staff he would like an annual cost report. MOTION - It was moved by Council Members Sniff/Henderson to authorize the City Manager to execute a Use Agreement with Desert Classic Charities for use of the tournament course at SilverRock Resort. Motion carried unanimously. MINUTE ORDER NO. 2004-54. -.- -- ---~ City Council Minutes 7 May 18, 2004 2. CONSIDERATION OF AN AMENDMENT TO THE GOLF COURSE ~ MANAGEMENT AGREEMENT BY AND BETWEEN THE CITY OF LA QUINT A AND LANDMARK GOLF MANAGEMENT, LLC, RELATED TO GOLF COURSE SUPERINTENDENT QUALIFICATIONS. Assistant City Manager Weiss presented the staff report. Council Member Henderson questioned why this wasn't brought up during the golf management negotiations since the superintendent contract was part of the RFP. She indicated her level of dependency is on those who are certified to handle the situation. Mayor Adolph stated he feels the key IS Landmark being ultimately responsible for the position, and understands most golf courses do not have fully-certified superintendents. Mr. Weiss stated that is true, and noted full certification narrows the field and increases the salary up to $50,000 annually. He stated according to Heinbuch Golf, only 11 out of approximately 100 championship golf courses in the Valley have certified superintendents. He added three municipal golf courses in the Valley have certified superintendents. He indicated the Golf - Course Superintendents Association has different levels of membership requiring three to seven years experience, and landmark has indicated some of the golf courses they operate do not have fully certified superintendents. He stated staff believes it's possible to find a qualified superintendent that is not fully certified but recommends the individual be working toward certification if selected for the position. Council Member Perkins spoke in support of the amendment because he feels there is sufficient protection in requiring the person to be working toward certification. Council Member Osborne stated he strongly feels the position should be filled with a certified individual because he believes the certification holds people to a higher accountability. In response to Council Member Perkins, Mr. Weiss stated certification requirements include being a superintendent for seven years, along with some course work and a test. landmark feels a Class A membership is some level of certification but that is not staff's understanding in talking with others in the industry. He indicated the timeframe for completing - certification depends on the individual's current status in working toward that certification, which is later followed up with a recertification process. I City Council Minutes 8 May 18, 2004 He confirmed staff has met individuals who fall short of full certification but who they feel are otherwise qualified. Council Member Henderson stated she is particularly troubled with this because it's not the first issue in the contract the City has had to deal with and she isn't sure what will be next. She doesn't know at what point the City loses significant protections in the contract, and indicated she is willing to revisit the issue if landmark is unable to get a certified person within a reasonable period of time. Council Member Perkins asked if she is suggesting the contract does not provide enough money for the position. Council Member Henderson responded, IINo," but indicated an area she would be uncomfortable IInickel and diming," is the cost for an appropriately- certified golf course manager, given the City's investment in the project. Council Member Sniff expressed support for Alternative #1, and noted it gives the City Manager authority to deal with this on a case-by-case basis. Council Member Henderson noted IIcase-by-case basis" makes it sound like this is going to happen over and over and she would like to get someone on board that is going to keep the job. Council Member Osborne pointed out the City has hired only the best for this project, and questioned there being a good reason to do less now. He supports allowing Landmark more time to find a certified superintendent. Council Member Sniff noted Alternative # 1 requires the individual to be actively working toward certification, and that out of approximately 100 golf course superintendents in the Valley, only 11 are certified. He feels the odds are against finding a certified person. Mayor Adolph stated he's more concerned about the superintendent being competent, and if landmark is satisfied with the individual they hire, then he doesn't have a problem with it. He commented on the lack of knowing what a golf course superintendent's job description is, and the possibility that requiring certification may have been a mistake. MOTION. - It was moved by Council Members Sniff/Perkins to approve an amendment to the Golf Course Management Agreement by and between the City of La Ouinta and landmark Golf Management, llC to authorize the City Manager to waive, on a case-by-case basis, the requirement that the Golf Course Superintendent be certified by the Golf Course Superintendents ---- .- ------ -..- - -- ----- City Council Minutes 9 May 18, 2004 Association, provided that the superintendent is actively working toward that - certification, and to authorize City staff to work with Landmark to prepare the amendment. . Council Member Henderson indicated she could not support the motion. She noted 3 of the 11 golf courses In the Valley that have certified superintendents are municipal golf courses, and the other golf courses do not have to answer to constituents. Motion carried with Council Members Henderson and Osborne voting NO. MINUTE ORDER NO. 2004-54a. 3. CONSIDERATION OF APPOINTMENT OF A TRUSTEE TO THE COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT TO REPRESENT THE CITY OF LA QUINTA. There were no changes to the staff report as submitted and on file in the City Clerk's Office. MOTION - It was moved by Council Members Sniff ¡Osborne to appoint - Council Member Perkins to serve as the City's Trustee on the Board of Directors of the Coachella Valley Mosquito and Vector Control District for a four-year term. Motion carried unanimously. MINUTE ORDER NO. 2004-55. 4. CONSIDERATION OF THE CITY OF LA QUINT A MARKETING PLAN FOR FISCAL YEAR 2004/2005. (moved from Consent Item No. 13.) Assistant City Manager Weiss presented the staff report. Council Member Perkins suggested looking at other proposals, and. indicated he's not comfortable the City is getting the value of the escalating cost of . the contract with Kiner Goodsell. Council Member Osborne stated he feels some good opportunities to ,disseminate information to the public were missed last year, and sees some duplication of the Chamber's efforts in business recruitment. Council Member Sniff noted' this is for approval of a marketing plan and authorization for staff to renegotiate a contract with Kiner Goodsell. He - doesn't feel an RFP is necessary ,and noted modifications can be made when the Council deals with the budget, which is the final authorization. He feels the plan is basically good, and supports moving forward with it. City Council Minutes 10 May 18, 2004 Council Member Henderson stated she doesn't have a problem approving the marketing program. She believes Kiner Goodsell has done good job but would like to see the negotiations broadened to include a sense of vitality of the programs as well as money. Council Member Perkins noted things tend to become habit, and he feels the City is being taken for granted. He questioned the benefit of putting videos on local stations, and stated he wants to see more than Ilrun-of-the-mill" advertising. Council Member Sniff suggested directing staff to take the information from this discussion into their negotiations and let Kiner Goodsell know the Council wants something more creative in getting attention. Council Member Perkins agreed. - MOTION - It was moved by Council Members Sniff/Perkins to approve a City of La Ouinta Marketing Plan for Fiscal Year 2004/2005, and authorize staff to renegotiate a contract with Kiner Goodsell Advertising for professional marketing services to be rendered in Fiscal Year 2004/2005 and to relate Council's concerns. Motion carried unanimously. MINUTE ORDER NO. 2004-56. Council recessed to the Redevelopment Agency to and until 7:00 p.m. 7:00 P.M. PUBLIC COMMENT - None PRESENTATIONS - None PUBLIC HEARINGS 1 . CONTINUED PUBLIC HEARING TO CONSIDER AN APPEAL TO SPECIFIC CONDITIONS OF APPROVAL FOR SITE DEVELOPMENT PERMIT 2004-797, AS APPROVED BY THE PLANNING COMMISSION ON FEBRUARY 24, 2004. APPLICANT: DR. MATTHEW WERNER. Mayor Adolph noted the staff report indicates the Public Works Department has determined the project will not require a deceleration lane and that no further action is required. . - -- -- ------ - -------- ---- City Council Minutes 11 May 18, 2004 2. PUBLIC HEARING TO CONSIDER A RESOLUTION TO APPROVE A ONE-YEAR - TIME EXTENSION FOR FILING OF TENTATIVE TRACT MAP 30092, A 97-LOT SUBDIVISION ON 38.4:1: ACRES ON THE NORTHWEST CORNER OF MONROE STREET AND AVENUE 58. APPLICANT: COVENANT DEVELOPMENT, INC. Planning Manager Orci presented the staff report, and Associate Planner Nesbit gave a brief overview of the tract map. In response to Council Member Osborne, Mr. Nesbit stated the retention areas are generally part of the recreation lot. He added the applicant has indicated an extension is needed to market the tract map. In response to Council Member Henderson, Mr. Nesbit advised the condition changes are primarily due to the parkway setback widths and design parameters. Council Member Perkins inquired about ingress and egress. Mr. Nesbit indicated the project will have an emergency-only access on the north side, and a full-turn movement without a traffic signal at the main entrance. - In response to Mayor Adolph, Mr. Nesbit indicated the conditions of approval do not restrict the emergency exit from becoming a secondary access should the homeowners association see the need. He confirmed the project will be a gated community. The Mayor declared the PUBLIC HEARING OPEN at 7: 13 p.m. There being no requests to speak, .the Mayor declared the PUBLIC HEARING CLOSED. RESOLUTION NO. 2004-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING A ONE-YEAR TIME EXTENSION FOR TENTATIVE TRACT MAP 30092 OF 97 SINGLE FAMILY LOTS ON 37:f: ACRES (COVENANT DEVELOPMENT, INC.). It was moved by Council Members Henderson/Perkins to adopt Resolution No. 2004-054 as submitted. Motion carried unanimously. 3. PUBLIC HEARING ON APPEAL OF CONDITIONS AND/OR FINDINGS REGARDING SITE DEVELOPMENT PERMIT 2004-800. APELLANTS: - WASHINGTON 111, LTD. Planning Manager Orci presented the staff report. l City Council Minutes 12 May 18, 2004 In response to Mayor Adolph, Mr. Orci stated the Specific Plan approved one access point on Simon Drive, and the developer is requesting two. There is some flexibility in the Specific Plan for minor changes but the Specific Plan is very clear about the allowance of only one access point on Simon Drive. Public Works Director Jonasson voiced concern about the second driveway becoming a cut-through access between Washington Street and Simon Drive. In response to Council Member Henderson, Mr. Orci confirmed the applicant has not applied for a Specific Plan amendment. City Attorney Jenson advised if a change in the Site Development Permit is not consistent with the Specific Plan, the Specific Plan has to be amended. Council Member Perkins noted parking spaces are required to be double- striped. Council Member Osborne asked if Ms. Jenson had reviewed the recent correspondence from the applicant, to which she responded, "No." Council Member Sniff suggested continuing this item to give the City Attorney an opportunity to review the correspondence and determine if it contains a threat of litigation. The Mayor declared the PUBLIC HEARING OPEN at 7:28 p.m. Mark Ostorch, 550 E. Hospitality Lane, San Bernardino, stated he wrote the letter, and it is not a threat of litigation. It's a more-detailed review of the appeal and is mostly a traffic study prepared for the project when the Specific Plan was approved. He stated at full build-out, the entire project contributes less than 7 % of the trips through the intersection and Trader Joes' portion is between one and two-tenths of a percent. He noted the traffic signal did not become an issue until an unrelated project was approved across the street. Jack Tarr, 30240 Rancho Viejo Road, San Juan Capistrano, stated he believes the Site Development Permit is consistent with the Specific Plan, and that the traffic study clearly indicates there is no burden for a traffic signal at the intersection. He believes the project benefits less than 25 % from the traffic signal, and that it did not cause the impact requiring the signal. He also believes the Development Impact Fee (DIF) is meant to cover unallocated traffic improvements such as this traffic signal. He is willing to commit to the construction of three deceleration lanes on Washington Street -_._--_.._.._~ . -- u.-- - -- City Council Minutes 13 May 18, 2004 if the City waives the project's contribution to the traffic signal. He -- suggested extending the median on Simon Drive to keep traffic from using the secondary access as a cut-through. . In response to Mayor Adolph, Mr. Tarr confirmed they are willing to install a median on Simon Drive. In response to Ms. Jenson, Mr. Tarr noted the access issue is addressed under Section C on Page 4 of their appeal letter. Mr. Orci advised flexibility in the Specific Plan is limited to the building pad locations and square footage of the buildings. Mr. Tarr stated he believes there is also some flexibility in modifying the internal circulation. Regarding the traffic study, he noted it will cost $10,000, and the project's fair share of costs for the signal may only be $5,000. Don Rector, 46-450 Cameo Palms Drive, stated he believes much of the increased traffic will be created by new businesses in the area, especially Trader Joes. However, he doesn't feel they should be responsible for 25% - of the cost because other businesses will benefit from the traffic signal. . Amy Heglund, 46-285 Washington Street, asked if the frontage road will be changed to a cul-de-sac with no through traffic. Mr. Orci confirmed no through traffic will be allowed but noted there will be an access gate for trash vehicles. Mayor Adolph advised staff would provide her a copy of the conceptual plan. Caren Broat, 78-395 Singing Palms Drive, indicated she did not receive a public hearing notice about th~s meeting, and understood from the last meeting, that the access at Singing Palms Drive would come back to Council once the issue of the two properties was resolved. She stated the residents want a gate on Singing Palms Drive but understands the plan is to keep it open. She noted the traffic report indicates traffic will increase from 4 to 240 vehicles per day on Singing Palms Drive. Council Member Henderson noted the iss-ue under consideration at this time is whether or not the appellant is responsible for 25 % of the traffic signal - costs, which may be why she didn't receive a notice. Mr. Orci advised public notices are mailed to properties within 500 feet of the project, and he will check to see if her property is on the list. City Council Minutes 14 May 18, 2004 Mayor Adolph noted discussions at the previous meeting dealt mostly with the traffic signal option as it relates to the developer being able to purchase the two properties. He has asked staff if residents will have an opportunity to provide input on the Singing Palms Drive acces~. Council Member Perkins asked how many vehicles at the Washington Street/Simon Drive intersection will be attributed to customers of Trader Joes. Mr. Tarr stated the traffic factor used in the initial traffic study is consistent with tratfic for Trader Joes and the Specific Plan but it's difficult to narrow the trips generated by the entire project down to one business. Mr. Orci noted the Trader Joes building is double what was indicated in the Specific Plan. Mr. Tarr pointed out the square footage was taken away from another building and that the total square footage for the project has not changed. In response to Mayor Adolph, Mr. Tarr stated they are prepared to start widening Washington Street, including the deceleration lanes, as soon as the Engineering Department approves their plans. Council Mèmber Perkins asked if the developer would be willing to pay a portion of the 25%, to which Mr. Tarr responded, "No." In response to Council Member Henderson, Mr. Orci confirmed the Planning Commission approved the project subject to conditions requIring the developer to conduct a study to determine if deceleration lanes are needed and how much the developer should contribute to the traffic signal. He noted a median is not needed on Simon Drive if there is only one access. Council Member Henderson stated she supports the developer's proposal to construct the deceleration lanes, and doesn't see a problem allowing two access points on Simon Drive. She feels the median will have a traffic- calming effect. She indicated she is prepared to waive the developer's contribution toward the traffic signal but not for most of the reasons presented by the developer. Council Member Perkins stated he feels Trader Joes should participate in the traffic signal costs because they will derive a benefit from it. - -- - ~-~--------- City Council Minutes 15 May 18, 2004 Council Member Osborne spoke in support of waiving the traffic signal - contribution and allowing the second access on Simon Drive in exchange for the developer constructing the deceleration lanes and extending the median. Council Member Sniff and Mayor Adolph concurred. Council Member Perkins agreed to support the proposal. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:25 p.m. MOTION - It was moved by Council Members Sniff/Perkins to: 1) uphold the appeal by Washington 111, Ltd. on Site Development Permit 2004-800 regarding the traffic signal requirement; 2) accept the applicant's offer to pay for three deceleration lanes on Washington Street; 3) allow two access points on Simon Drive; and 4) require the developer to construct a median on Simon Drive. Council Member Henderson stated she feels the traffic signal has a lot to do with the commercial development and was not intended just for the residential development. across the street. She noted the City will have to - find funding for the traffic signal instead of the businesses who will directly benefit from it. Motion carried unanimously. MINUTE ORDER NO. 2004-57. 4.. PUBLIC HEARING TO CONSIDER A RESOLUTION ADOPTING THE FISCAL YEAR 2004/2005 THROUGH 2008/2009 CAPITAL IMPROVEMENT PROGRAM AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE 33445(a). Public Works Director Jonasson presented the staff report. Council Member Henderson voiced concern about a warrant study not being done for a traffic signal at Washington Street and Sagebrush until after the median is constructed on Washington Street. Assistant City Engineer Speer commented on the possibility of expediting the traffic signal and delaying construction of the median. - Council Member Perkins suggested coordinating the traffic signal with the median construction. City Council Minutes 16 May 18, 2004 Council concurred. RESOLUTION NO. 2004-055 . A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, ADOPTING THE FISCAL YEAR 2004/2005 THROUGH 2008/2009 CAPITAL IMPROVEMENT PLAN AND MAKING CERTAIN FINDINGS PURSUANT TO HEALTH AND SAFETY CODE SECTION 33445(a) AND CONSENTING TO THE EXPENDITURE OF FUNDS FOR THE IMPROVEMENTS. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2004-055 as submitted. The Mayor declared the PUBLIC HEARING OPEN at 8:38 p.m. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:38 p.m. Motion carried unanimously. Council recessed to the Redevelopment Agency meeting. Council reconvened. STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS League of California Cities-Riverside Division - Council Member Henderson reviewed a document reflecting the League's agreement with the Governor on how much each city, county, and special district will lose in State funding. She noted the City's annual loss over the next two years will be $2,780,543 In redevelopment funds and $331,000 in General Fund monies. In FY 2006/2007, the City will get back $ 543, 731, resulting in a total loss over the two-year period of approximately $5.7 million. She noted the Constitutional Amendment has to be passed on a 2/3 vote by the Legislature before being placed on the November ballot. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson reported the new building dedication will be held June 1 5, 2004. --- - - --- -- -- - - ----~---- City Council Minutes 17 May 18, 2004 * * * * * * * * * * * ,...- Mayor Adolph commented on the lack of restriction in the City Code as to how , many 1 50-watt outdoor lights are allowed, and stated he would like Council to take a look at that issue. Council Member Henderson agreed, and referenced the need to also look at regulations for over-watering. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese addressed the need for a special meeting to discuss the budget, and indicated staff will contact each Council Member to verify a suitable meeting date. - MAYOR AND COUNCIL MEMBERS' ITEMS - None . The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting reconvened with no decisions being made in Closed Session which require reporting pursuant to Section 54957. 1 of the Govèrnment Code (Brown Act). ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, ca,..-.d. ~ JUNE S. GREEK, City Clerk - City of La Quinta, California !