2005 01 18 CC Minutes
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LA QUINTA CITY COUNCIL
MINUTES
JANUARY 18, 2005
A regular meeting of the La Quinta City Council was called to order at the hour of
2:00 p.m. by Mayor Adolph.
PRESIENT:
ABS8NT:
Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph
None
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~C COMMENT - None
~ED SESSION - None
Counbil recessed to the Redevelopment Agency to and until the hour of 3 :00 p.m.
3:00IP.M.
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT
Dori Quill, 51-245 Avenida Rubio, President of La Quints High School Parenti
Teacher Association, requested an annual grant of $10,000 be set up specifically
for La Quinta High School. She indicated the School would apply for the grant
funds as educational needs come up. She added the City of Palm Desert sets aside
$1 0,000 for each of their schools.
In response to Mayor Adolph, City Manager Genovese stated the next Community
Services Grant process will be on the February 1 st agenda.
Council Member Henderson suggested Ms. Quill submit a written request by the
end of April to be considered during the budget process.
Mayor Adolph explained the request would be considered with other budget
requests. He indicated she would be notified when the budget is on the agenda.
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January 18, 2005
Robert Cox, 78-31 5 Crestview Terrace, spoke regarding increased crime in the
Valley, and stated more than 10 break-ins/attempted break-ins have occurred in his
neighborhood over the last month. The residents have met with a Neighborhood.
Watch Deputy Sheriff to discuss the concerns, and several have voiced interest in
getting involved with a "COPS" program. He also corrected a statement he made
during his interview for the Planning Commission, and stated he serves on the
Riverside County Fair and National Date Festival Board of Directors and is a
member of the "Operation Safe House" Board.
Mayor Adolph noted Police Chief Meyer has responded to another citizen who
voiced a similar crime concern at the last City Council meeting.
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Lothar Vasholz, representing Trauma Intervention Program (TIP), gave' a brief
overview of their services, and expressed appreciation for the City's financial
support.
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS
Queen Scheherazade Sierra Hanson, Princess Dunyazade Emmeline Soto, and
Princess Jasmine Lindsay Armstrong, accompanied by Queen Mom Terry
Neuenswander, invited everyone to attend the Riverside County Fair and National
Date Festival February 1 8-27, 2005. Ms. Neuenswander expressed appreciation
for the City's support of the Date Festival event and the recent air show at the
Jacqueline Cochran Regional Airport.
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City Manager Genovese introduced Doug Evans as the City's new Community
Development Director.
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January 18, 2005
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WRITTEN COMMUNICATIONS
1. CORRESPONDENCE FROM E. H. HEIMANN, JR. DATED JANUARY 3, 2005.
Council concurred to direct staff to find out what conditions might exist with
the art donation, and possible locations for placement of the artwork.
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of January 4, 2005, as submitted. Motion carried unanimously.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED JANUARY 18,2005.
2. TRANSMITTAL OF TREASURER'S REPORT DATED NOVEMBER 30, 2004.
3.
TRANSMITTAL OF REVENUE & EXPENDITURES REPORT FOR NOVEMBER
30, 2004, AND INVESTMENT SUMMARY REPORT FOR THE QUARTER
ENDING DECEMBER 31, 2004.
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4. ADOPTION OF A RESOLUTION APPROVING A PROJECT APPLICATION FOR
THE FISCAL YEAR 2005/2006 BICYCLE TRANSPORTATION ACCOUNT
FUNDS FOR A BIKEWAY ALONG PORTIONS OF FRED WARING DRIVE AND
MILES AVENUE. (RESOLUTION NO. 2005-008)
5. APPROVAL TO AWARD A CONTRACT TO GRANITE CONSTRUCTION
COMPANY TO CONSTRUCT THE EISENHOWER DRIVE BRIDGE AND
DRAINAGE IMPROVEMENTS, PROJECT NO. 2001-06.
6. ADOPTION OF A RESOLUTION ACCEPTING A DECLARATION OF
DEDICATION TO THE CITY FROM WARING-ADAMS VENTURE, A
CALIFORNIA GENERAL PARTNERSHIP, FOR LOT D OF TRACT MAP 25290
FOR PUBLIC LANDSCAPING PURPOSES, APN: 640-180-067. (RESOLUTION
NO. 2005-009)
7. APPROVAL TO AWARD A CONTRACT TO PETE AND SONS
CONSTRUCTION INC., ,TO CONSTRUCT THE LA QUINTA DOWNTOWN
LIGHTING AND AVENIDA BERMUDAS SIDEWALK IMPROVEMENTS,
PROJECT NO. 2003-07A.
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January 18, 2005
8. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT WITH RBF
CONSULTING TO PREPARE THE PLANS, SPECIFICATIONS, AND
ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS FOR THE
HIGHWAY 111 CORRIDOR IMPROVEMENTS FROM ADAMS STREET TO
JEFFERSON STREET, PROJECT NO. 2001-07A.
9. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A
FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT
MAP 32201, DESERT SHELLS ESTATES, CHOICE ENTERPRISE REAL
ESTATE AND INVESTMENT CO., INC. (RESOLUTION NO. 2005-010)
10. ACCEPTANCE OF PROJECT NO. 2004-02, TRAFFIC SIGNAL LED LAMP
RETROFIT.
11 . ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE BOB HOPE
CHRYSLER CLASSIC GOLF TOURNAMENT TO BE HELD JANUARY 24-30,
2005, IN THE COACHELLA VALLEY. (RESOLUTION NO. 2005-011)
12. CONDITIONAL APPROVAL OF ASSIGNMENT AND ASSUMPTION
AGREEMENT AND AMENDED SUBDIVISION IMPROVEMENT AGREEMENT
FOR TRACT MAP 31202-2, LA QUINTA QUAIL RUN, LLC.
13 . AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE FINANCE DIRECTOR
TO ATTEND THE 2005 GOVERNMENT FINANCE OFFICERS ASSOCIATION
(GFOA) ANNUAL CONFERENCE IN SAN ANTONIO, TEXAS, JUNE 26-29,
2005.
14. APPROVAL OF CART PATH EXCHANGE AGREEMENT BETWEEN THE CITY
AND SUPPER CLUB GOLF, LLC.
MOTION - It was moved by Council Members SnifflHenderson to approve
the Consent Calendar as recommended and with Item Nos. 4, 6, 9, and 11
being approved by RESOLUTION NOS. 2005-008 through 2005-011
respectively. Motion carried unanimously. MINUTE ORDER NO. 2005-07.
In regard to Item No.2, Council Member Osborne noted the average return
on investments is substantially below the six-month Treasury Bill rate. He
would like to see if it can be increased in a safe manner.
City Manager Genovese stated staff will provide a report on that matter.
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January 1 8, 2005 .
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BUSINESS SESSION
1. CONSIDERATION OF COMMUNITY SERvICES COMMISSION VACANCY.
City Clerk Greek presented the staff report.
The following applicants gave a brief presentation on their background and
qualifications:
Ken Napper
Mark Weber
Both applicants were nominated for the position, and a voice vote resulted
as follows:
Council Member Henderson voted for
Council Member Osborne voted for
Council Member Perkins voted for
Council Member Sniff voted for
Mayor Adolph voted for
Mark Weber
Ken Napper
Ken Napper
Mark Weber
Mark Weber
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MOTION - It was moved by Council Members Sniff/Henderson to appoint
Mark Weber to serve an unexpired term ending June 30, 2006 on the
Community Services Commission. Motion carried unanimously. MINUTE
ORDER NO. 2005-08.
2.
CONSIDERATION OF FACILITY AGREEMENT FOR THE OPERATION OF THE
FRITZ BURNS PARK POOL WITH THE FAMILY YMCA OF THE DESERT.
Community Services Director Horvitz presented the staff report.
In response to Council Member Osborne, Ms. Horvitz explained the YMCA
has been unable to send a representative to the Council meetings due to
personnel changes but their Executive Director is very comfortable with the
agreement. She indicated under the proposed agreement, the City will
provide janitorial services for the building and routine pool maintenance
through a pool service. The City and YMCA will split the operating costs
once the YMCA has paid $5,000 with the YMCA's maximum liability being
$15,000. She added the City's annual cost is not expected to exceed
$25,000. Regarding the payment of $169,284 from C. V. Recreation &
Park District (CVRPD), she stated it's a provision of the contract, and
understands they have budgeted to pay it.
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January 18, 2005
Council Member Sniff noted an annual renewal of the agreement doesn't
provide long-term security.
Ms. Horvitz explained, since the YMCA hasn't previously operated a pool for
their aquatics program, they don't want to be locked into a 10 or 25-year
contract. She stated it's their intention to operate the pool to the City's
expectations but they want flexibility for the City to get out of the
agreement if they are not meeting the City's standards.
In response to Council Member Sniff, City Attorney Jenson confirmed the
CVRPD contract is clear regarding repayment of the expenditures if the
contract is terminated prior to the 1 5-year period. She understands the
amount due represents the City's expenditures to date, and that CVRPD is
not disputing the payment. She referenced the possibility of working out a
payment schedule. City Manager Genovese added the City wants to be fair
in trying to make sure repayment is not too difficult.
Council Member Sniff voiced concern about the certainty of dealing with the
YMCA, and asked if staff is comfortable with it.
Ms. Horvitz stated the YMCA has run aquatics programs through other
agencies, and is interested in getting into the pool operation business. She
has evaluated their proposal and is comfortable they can provide the pool
services.
Council Member Sniff asked how many additional personnel would be
needed for the City to take over the pool operations.
Mr. Genovese indicated that information can be explored during the next
year.
Council Member Sniff stated he feels that would be a logical course to take.
Council Member Henderson stated she is not concerned about the proposed
agreement not being a long-term contract because the current long-term
contract has been broken. She supports moving forward with the YMCA
agreement, and is confident they' will provide a good pool program. She
indicated she is uncomfortable with the City and CVRPD not being able to
get through some sticky challenges. She is also uncomfortable about the
payback of funds because the pool was operated by CVRPD for five years.
She indicated she may become more comfortable as the year is reviewed and
looking to next year as to what kind of operation is provided.
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January 1 8, 2005
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In response to Council Member Perkins, Ms. Horvitz confirmed the YMCA
has proposed longer operation hours on weekends and starting pool
operations before school is dut. Shê stated the City would be responsible for
major pool maintenance and repairs, and the YMCA will vacuum the pool on
a daily basis and clean the skimmer baskets as needed. She believes the
YMCA desires to do a good job for the City, and is comfortable they have
resources to solve any problems that may come up.
Council Member Perkins expressed confidence in the YMCA and support for
a one-year contract because it will provide an opportunity to evaluate their
operation of the pool.
In response to Mayor Adolph, Ms. Horvitz confirmed she received an email
from CVRPD in July indicating they would like to reconsider the agreement.
She asked them to submit the conditions they wanted the City to consider,
and their response included the City paying $38,000 a year for operation of
the pool and any cost-of-living increases to the minimum wage. After
reviewing the YMCA's proposal, she felt it was more beneficial to the City.
Mayor Adolph stated he remembers seeing the email and asking staff for a
status report but never received a reply.
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Ms. Horvitz stated Mr. Ford indicated that CVRPD wa~ no longer interested
in funding the operation of the pool, and the YMCA proposed splitting the
operation of the pool with the City, making it more cost effective to go with
the YMCA.
Stan Ford, General Manager of CVRPD, stated they requested renegotiation
of the contract but it didn't really happen, and in future joint ventures, they
would like to have more-effective communication. He stated they were
surprised to learn the new contract was on the City Council agenda. He
indicated their decision to terminate the contract was due to their inability to
absorb a $1.2 to $1.5 million shortfall. He stated they have budgeted for
the buyout and don't feel a payment schedule will be necessary. He added
the payback is clear regarding CVRPD repaying the money the City paid them
on a decreasing scale, but it needs some verification as it rela~es to joint
improvements.
MOTION - It was moved by Council Members Sniff/Osborne to: 1) approve
an Operation and Maintenance Agreement with the Family YMCA of the
Desert (YMCA) for the Fritz Burns Park Pool subject to any final changes
approved by the City Manager and City Attorney; 2) direct staff to pursue
the City's contractual right of reimbursement as a result of the Coachella
Valley Recreation & Park District's termination of the pool operation and
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January 18, 2005
maintenance agreement between the District and the City; and 3) direct staff
to research the City's potential operation of the pool in the future.
Council Member Henderson expressed disappointment that the two agencies
were not able to work things out.
Council Member Perkins requested the direction to staff to research the
City's potential operation of the pool be placed in a separate motion.
RESTATED MOTION - It was moved by Council Members SnifflOsborne to
approve an Operation and Maintenance Agreement with the Family YMCA of
the Desert (YMCA) for the Fritz Burns Park Pool subject to any final changes
approved by the City Manager and City Attorney, and direct staff to pursue
the City's contractual right of reimbursement as a result of the Coachella
Valley Recreation & Park District's termination of the pool operation and
maintenance agreement between the District and the City. Motion carried
unanimously. MINUTE ORDER NO. 2005-09.
MOTION - It was moved by Council Members SnifflHenderson to direct staff
to research the City's potential operation of the pool in the future.
Council Member Perkins stated he cannot support the motion because he
feels operation of the pool would be too much workload on staff.
Motion carried with Council Member Perkins voting NO. MINUTE ORDER
NO. 2005-10.
3. SECOND READING OF ORDINANCE.
ORDINANCE NO. 413
AN ORDINANCE OF THE CITY COUNCIL OF THE' CITY OF LA QUINTA,
CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP
FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE SOUTH
SIDE OF AVENUE 54, THE EAST SIDE OF MADISON STREET, THE NORTH
SIDE OF AVENUE 55 ALIGNMENT, TO % MILE WEST OF MONROE STREET
(ZONE CHANGE 2004-122 - TRANWEST HOUSING).
It was moved by Council Members SnifflHenderson to adopt Ordinance No.
413 on second reading. Motion carried by the following vote:
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January 1 8, 2005
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AYES:
Council Members Henderson, Osborne, Perkins, Sniff,
Mayor Adolph
None
None
None
NOES:
ABSTAIN:
ABSENT:
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
Animal Campus Commission - Council Member Henderson indicated the Friends of
the Animal Campus have raised $42,000 so far to help provide amenities for the
facility.
CV AG Energy & Environmental Resources Committee - Council Member Sniff
reported an ad hoc committee has been appointed to evaluate proposals for an
alternative energy technology facility at the waste transfer site.
CV AG - Mayor Adolph indicated he will distribute copies of an update on the
Multi-Species Habitat Trails Plan that he received at a meeting with Bill Halvert, of
C. V. Mountains Conservancy, and Jim Sullivan, of CV AG. He noted the City has
requested a time extension to find out how the Plan is going to affect the City.
C. V. Mosquito & Vector Control District - Council Membe,r Perkins confirmed the
District is moving forward with a district-wide assessment for the Red Fire Ant
problem.
C. V. Mountains Conservancy - Council Member Sniff reported the Conservancy
has allocated $1. 1 million for acquisition of 130 acres in the Edom Hill area.
Council Member Perkins asked about the total acreage the Conservancy has
purchased over the last five years, and Council Member Sniff stated he would get
that information to him.
League of California Cities - Council Member Henderson commented on the
League's adoption of four areas for emphasis in the coming year, one being
protection of Redevelopment Agency revenue sources.
Council Member Osborne indicated he attended the League of California Cities
Mayor and Council Members Conference last week in Sacramento, and thought it
was very beneficial.
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January 18, 2005
Palm Springs Desert Resorts Convention & Visitors Authority - Council Member
Henderson reported all nine cities have approved funding for the signage at the
Palm Springs International Airport. She stated a discussion came up again to
increase the CV A's boundaries to include the Cabazon outlet stores area, and a
motion was made to return it to the cities for amendment of the JPA. She
indicated she suggested taking the is'sue back to the various jurisdictions for
discussion then make a motion at the next meeting but the motion was amended to
include a three-year trial period and passed on a 7-1 vote. She voted against it
because of the method they chose to use.
Council Member Sniff commented on the need for an analysis.
Council Member Henderson indicated that information will be included in the staff
report. She further stated they also discussed participation by member cities,
individually or through the JPA, in the Rose Parade float concept. She feels the
concept is receiving a cool and cautious reception, and that the opinion is it would
be difficult to quantify the overall tourism benefit. She added it appears this will be
coming forward to the cities at various levels.
Council Member Sniff noted the City's funding commitment for the float was based
on certain requirements being met, and they were not fulfilled.
Council Member Henderson stated there was a level of frustration in the discussion
about the cities not getting what they paid for and as to who would oversee it in
the future. If CV A participates in the future, they want some input into the design
because they feel the island theme used in this year's float was not indicative of
the Valley. She understands a position in the parade can be secured for three
years once a float has been accepted into the parade.
In response to Council Member Sniff, City Manager Genovese stated an item will
be on the February 1 st agenda to consider all of the issues related to the City's
pledge and the commitments that were, or were not, fulfilled. He added the TAC's
reaction to the float concept was rather frigid because this year's float was
different from what was represented.
Council Member Henderson reported the CV A has also adopted a resolution as
requested by the City of Indian Wells to share closed session information with their
member agencies that have a financial interest.
City Attorney Jenson indicated a memo outlining the issue and the new law for all
of the committees is forthcoming. She confirmed the cities won't have to adopt a
resolution if each of the agencies adopt one.
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January 1 8, 2005
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Palm Springs International Airport Commission - Council Member Henderson
requested the City Clerk contact Nancy Doria to request copies of the meeting
minutes and an occasional update from her.
Riverside County Transportation Commission - Council Member Henderson noted
the State has diverted the Proposition 42 gas tax funds for the last three years,
and it appears they will do it again this year. RCTC has voted to support an
initiative to tighten the security on those funds, and a large coalition is expected to
get involved with the is'sue. She noted Riverside County is the highest funded and
most active County in the State doing highway projects at this time.
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All other reports were noted and filed.
DEPARTMENT REPORTS
1.
City Manager Report.
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City Manager Genovese referenced a memo distributed by the Public Works
Director regarding Jefferson Street, and indicated repair costs have been
negotiated with Granite Construction.
Mr. Jonasson reported the low-water crossings at Dune Palms Road and
Adams Street are in good shape but Jefferson Street has major damage. He
indicated he hopes the Jefferson Street bypass will be open by next Monday.
Council Member Henderson referenced the poor condition of other areas
along Jefferson Street.
Mayor Adolph asked if the damage to the water crossing would qualify for
disaster relief.
Mr. Jonasson indicated the FEMA money is up to Riverside County and the
Federal Government.
Council Member Henderson asked if the City has to declare a State of
Emergency to qualify for the funding.
Mr. Genovese indicated the City is under the County's umbrella, and has
received funding in previous years.
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January 18, 2005
Mr. Genovese stated if CV AG' s Executive Committee approves the
maintenance provision for the Red Fire Ant issue, the funding will come to
the cities for approval, with the City's share of cost being approximately
$8,000 to $9,000.
Council Member Sniff questioned being able to do "maintenance" on the fire
ants. He noted the west end of the Valley has the greatest infestation
problem.
Mr. Genovese stated eradication of the ants is preferred but it's also the
most expensive level of service. He noted an additional challenge will be if
the ants move to private property, and the land owner does not want to pay
the cost of eradication.
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Mr. Genovese reported a study session is scheduled for February 1 st to
discuss the Multi-Species Habitat Plan. He stated CV AG's Executive
Committee is expected to deny the City's request for a continuance.
City Attorney Jenson indicated that although the time period for comments
has been published, she believes CV AG can extend it for specific individuals.
She confirmed the City's comments will be forwarded to CV AG by the
February 2nd deadline. In regard to the process, CV AG has to certify the EIR
as the lead agency before the member agencies take action, and the total
process could take more than four months.
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Mr. Genovese further reported staff has met with Robert Alcala and David
Orme regarding the Senior Center concerns, and will provide Council with a
separate memorandum on those discussions.
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Council Member Henderson referenced an informal request she received to
investigate speed bumps on east Westward Ho Drive. She suggested trying to
eliminate the speeding problem as opposed to installing speed bumps.
Council Member Osborne inquired about the status of the red light camera program.
City Attorney Jenson advised she is working with NAI Consulting on a contract
with Transol.
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January 18, 2005
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Council Member Sniff noted the change in the traffic signal timing at Washington
Street and Highway 111 has caused confusion, and needs to be addressed.
Public Works Director Jonasson noted although the width of the intersection makes
it difficult, there are two left-turn indicators.
Council Member Henderson stated she believes the problem is people not being
used to the change.
Mr. Jonasson indicated the new timing is slightly more complex but it has improved
the capacity of the intersection.
In response to Council Member Perkins, Mr. Jonasson stated staff can look into the
possibility of a larger left-turn signal but noted it has to be something CalTrans will
approve.
Mayor Adolph stated the yellow indicator lights are difficult to see, and asked if
they have been retrofitted with LED indicators.
Mr. Jonasson stated he believes CalTrans has used LED indicators for some period
of time.
C.ouncil Member Perkins questioned the yellow lights being LED lamps.
In response to Council Member Sniff, Mr. Jonasson stated the traffic counts for
northlsouth traffic at Highway 111/Washington Street are 18,000 to 20,000
vehicles per day in one direction. He indicated he would have the traffic engineer
take another look at the signalization for the intersection.
MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION REGARDING ACKNOWLEDGMENT OF CHIEF HORTON'S
SERVICE TO THE CITY OF LA QUINTA.
Council Member Perkins suggested a plaque of appreciation be presented to
former Police Chief Horton for his service to the City.
Council concurred
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January 18, 2005
2. DISCUSSION REGARDING THE SEATING ARRANGEMENT AT THE DAIS.
Mayor Adolph commented on the seating arrangement at the dais, and
stated he understood it was the Mayor's prerogative to change it. However,
when he requested appropriate changes be made to move the
Redevelopment Agency Chair next to the Mayor's seat, the City Clerk was
directed by the City Manager not to make the change. He referenced
attempts to contact the City Manager about this issue and another issue
regarding Jefferson Street, and stated his calls were not returned. He would
like to know if the Council feels the Mayor should make the decision about
the seating arrangement, if it should be voted on by the Council each time,
or should the City Manager make the decision.
Council Member Henderson stated she doesn't care.
Council Member Perkins stated he feels it's probably the Mayor's
prerogative.
Council Member Henderson stated she recalls being consulted in the past.
Council Member Sniff stated he believes the precedent has been for the
Mayor to indicate a preference but he is not sure the Mayor should determine
the seating for the Redevelopment Agency Chair. He noted any objection to
the seating would go before the Council and be decided upon by a majority
vote. He feels there is some advantage for the Mayor Pro Tem and
Redevelopment Agency Chair to sit on either side of the Mayor but is not
convinced it's necessary, and noted there is no established policy.
Council Member Osborne stated he believes the Redevelopment Agency
Chair can operate from any seat, but feels the seating arrangement should be
the Mayor's prerogative with any objections considered by the Council.
Council Member Henderson asked if he was suggesting that as a policy, to
which Council Member Osborne responded, IINo." She indicated she would
object to establishing a policy on this issue, and Mayor Adolph indicated that
was not his intention. She stated she feels the Council should be able to
have a reasonable discussion on this issue but noted there seems to be some
tension involved. She indicated she is somewhat embarrassed about having
the conversation, and suggested she and Council Member Osborne change
seats.
Council Member Sniff asked if she prefers the current seating arrangement,
to which Council Member Henderson responded that she has no preference.
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January 1 8, 2005 .
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He stated he also believes the Redevelopment Agency Chair can function
from any seat at the dais.
Council Member Osborne stated he believes the issue is whether or not the
seating arrangement is the Mayor's prerogative, as long as there are no
objections to the seating.
Council Member Sniff commented on the Council's ability to overrule any
decision by a majority vote, and indicated he doesn't have a problem
maintaining the current seating arrangement.
Mayor Adolph stated he doesn't either.
Council concurred.
City Manager Genovese asked if the Council wants a written response
regarding the other conversations. He noted retention of the current seating
arrangement is consistent with the fact that the City Manager does not take
direction from any single Council Member or Mayor.
Council Member Henderson stated it appears there may be some issues that
need to be cleared up, either between the City Manager and the Mayor or
between the City Manager and the Council as a whole. She supported
receiving a written response regarding the various requests the City Manager
received and the lack of communication.
Council Member Sniff suggested it be done in consultation with the City
Attorney to make sure all of the legalities are covered and dealt with
properly. He stated he also is uncomfortable with having this discussion.
Council recessed to the Redevelopment Agency meeting.
Council reconvened and recessed to and until 7:00 P.M.
7:00 P.M.
PUBLIC COMMENT
Ken Zarkowski, 53-680 Avenida Juarez, requested consideration be given to
designated parking for some of the businesses along Avenida La Fonda, such as
Postal Mania, and a crosswalk with lighting between Old Town and the City
parking lot on Avenida Bermudas. He suggested the right-turn lane on Washington
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January 18, 2005
Street (southbound) at Highland Palms be changed to a through lane or better
signage installed to let people know that it's not a through lane. He also
questioned why southbound Washington Street, between Calle Tampico and
Avenue 52, has three lanes then is marked with merge left arrows at the same
time people are trying to turn right. He feels there is sufficient space for two right-
turn lanes.
Mayor Adolph stated staff will contact him to as to what is already being done to
address some of these i'ssues.
PRESENTATIONS
The Mayor and Council Members presented art awards to the following students of
La Quinta High School whosé artwork has been displayed at City Hall:
Edgar Aldana
Andrew Arrieta
Jobey Arriola
Krystal Avedisian
Patrick Beal
Emily Brown
Skylar Brown
Elena Bustamante
Becca Cabrera
Trevor Carlton
Alex Carter
Tara Castillo
Stephanie Castro
John Chea
Allison Dunham
Katherine Dunn
Christina Fenn
Mallone Flores
Mindy Geyer
Alex Graham
Chelsea Hegge
Erin Hoy
Minnie Huang
Julie Huston
Elizabeth Lau
Gamaliel Magallanes
Jeremy Marler
Celia McCollough
Brittany Murphy
Agnes Nipales
Francisco Nunez
Abraham Park
Aubrey Perkins
Gus Ramirez
Courtney Raymond
George Rodriguez
Anthony Sanfilippo
Chelsea Stites
Ben Taborsky
Sergio Valenzuela
Robert Velasquez
Danae York
Casey Zaparinuk
PUBLIC HEARINGS
1. CONTINUED PUBLIC HEARING TO ADOPT A RESOLUTION OF THE CITY
COUNCIL APPROVING TENTATIVE TRACT MAP 32751 FOR THE
SUBDIVISION OF 9.25 ± ACRES INTO 29 SINGLE FAMILY LOTS AND
MISCELLANEOUS LOTS FOR THE PROPERTY LOCATED AT THE
SOUTHWEST CORNER OF JEFFERSON STREET AND POMELO.
APPLICANT: GROVE PARTNERS LQ, LLC.
Community Development Director Evans presented the staff report, and
Associate Planner Magaña gave a brief overview of the project.
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January 18, 2005
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In response to Council Member Henderson, Mr. Magaña stated the proposed
emergency gate on Jefferson Street Would be for emergency exits only. As
for the tunnel under Jefferson Street, it has been sealed off on the east side
of the street. Public Works Director Jonasson indicat,ed Toll Bros closed the
tunnel with a wall.
Mr. Magaña stated the applicant has some objections to the way the
condition of approval regarding liability of the tunnel is written.
Council Member Perkins asked if the emergency exit has been approved by
the Fire Department, to which Mr. Magaña responded, "Yes."
Council Member Henderson asked why the applicant is responsible for the
cost of closing the tunnel.
City Attorney Jenson stated an agreement recorded in 1990 for the benefit
of the two parcels, creates an obligation to repair and ongoing liability of the
successors and interest to Landmark. It doesn't reference filling the tunnel
but if that is necessary for repair of the area and safety, the City may have
rights against the other side of the property. She noted the current proposal
requires permanent abandonment of the tunnel, and stated she believes the
City is within its rights.
Council Member Henderson asked if the existing agreement indemnifies the
City.
Ms. Jenson stated the current owner takes the position that they did not
acquire the agreement nor are bound by it, but since grading will take place
in the vicinity of the tunnel and the project calls for closure of the tunnel,
she feels it's appropriate to impose a condition on the project. She
commented on the need for the City to be protected from liability when work
is taking place in the area. She also noted the tunnel is a private
encroachment on City property, and the City requires indemnification for
encroachments within its public right-of-ways.
Council Member Henderson stated she is somewhat challenged to
understand why indemnification is needed for five years. She asked if the
existing agreement would be in effect if the tunnel was in operation.
Ms. Jenson stated KSL has indicated they did not assume the existing
agreement when they acquired the property. She stated she believes the
City has the right to impose a reasonable condition for the tunnel.
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January 18, 2005
Council Member Henderson questioned a five-year indemnification being
reasonable, particularly since the tunnel hasn't caused any problem. She
understands filling the tunnel may create a problem because increasing the
weight could create a harder barrier for the surrounding soil, and noted the
east side of the tunnel was just blocked off with a wall. She isn't
suggesting that a void be left there but is wondering if it would be better not
to fill the tunnel if it's going to create a problem.
Mr. Jonasson explained the tunnel is being treated similar to a utility
abandonment that is backf.illed so there is no subsidence if it collapses.
Staff is recommending the tunnel be filled with a slurry sand mixture.
In response to Council Member Sniff, Mr. Magaña showed a picture of the
tunnel from the west side of Jefferson Street.
Council Member Osborne asked if filling the tunnel will weaken it.
Mr. Jonasson stated some differential settlement above the tunnel could
cause some cracking in the street but filling the concrete tunnel with slurry
will not change its rigidity.
In response to Council Member Osborne, Ms. Jenson stated there may have
been preliminary discussions about a one-year warranty but she doesn't
believe it had been cleared through Engineering.
In response to Mayor Adolph, Mr. Magaña stated the grade differential
shown in Section A (between Tract 24890-1 and Tract 32751) is
approximately four feet. He understands the emergency exit will have a
minimum 6-foot-high wall on both sides.
Mayor Adolph voiced concern about the aesthetics of a walled emergency
exit, and asked about using grass instead of pavement.
Mr. Magaña stated the Fire Department is opposed to using turf block, and
requires the exit to be 20 feet wide.
Mayor Adolph asked if the perimeter wall will remain, to which Mr. Magaña
responded, "Yes." Mr. Adolph suggested adding a condition that indicates
any future sound wall would be the financial responsibility of the
homeowners.
Ms. Jenson confirmed another tentative tract map was conditioned to record
a notice letting property owners know that if there is a future noise issue,
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January 1 8, 2005
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the homeowners association would have to deal with the issue and not the
City.
In response to Council Member Henderson, Mr. Magaña stated the
emergency exit is only for homeowners to leave the development if there is a
fire, and for the Fire Department to use as an entry if there is a fire.
The Mayor declared the PUBLIC HEARING OPEN at 7:51 p.m.
Jim Olson, representing Grove Partners LQ, stated the emergency exit will
not have walls on either side of it, and that the gate design will match the
existing emergency exit farther south on Avenue 52. He stated the
homeowners association is against putting the emergency exit through the
open space area for aesthetic reasons. As for the tunnel, he noted it's not
contiguous to the property he is subdividing. He believes Mountain View
Country Club should be responsible for filling half of the tunnel, and as an
alternative to filling it, he proposes posting a bond for the cost of filling the
tunnel should repairs become necessary. He feels it's unreasonable for this
project to be responsible for filling the tunnel and guaranteeing it for five
years. If the condition remains, he would like a continuance in order to get
an attorney to address the issues.
Mayor Adolph asked if the issue of the tunnel was brought up when
Mountain View County Club was approved.
Assistant City Engineer Speer indicated the abandonment was not discussed.
Mr. Olson stated he doesn't know who owns the easement and would need
their permission to fill it. He needs to get this issue resolved as soon as
possible in order to receive approval from two-thirds of the homeowners
association to annex the property into the homeowners association.
Council Member Henderson noted it's too late to require Mountain View
Country Club to fill half of the tunnel. She understands the need to fill the
tunnel while the opportunity exists but is still challenged about the
indemnification for five years. She feels one year should be sufficient.
Mr. Jonasson stated if the tunnel is concrete and not corrugated metal, staff
can take a closer look to see if it's necessary to fill the tunnel. He still has
concerns about having protection for the street should the asphalt need to be
repaired due to work on the tunnel but a bond may be sufficient to cover
that. He wants to make sure the City is indemnified if an injury occurs that
is related to work on the tunnel, and he commented on the possibility of
some of the indemnification language not being required.
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January 18, 2005
Ms. Jenson recommended retaining the language in case something happens
to the street that causes an accident. She doesn't feel the City should rely
on a provision in an encroachment permit that is signed by the contractor.
It's her understanding that the Engineering Department has concerns about
the grading and packing of soil on'the side of the tunnel creating issues. She
indicated the indemnification time period is up to the Council but suggests an
indemnification provision instead of bonding because it's difficult to bond for
liability issues.
Council Member Sniff indicated he doesn't have a problem requiring five
years indemnification.
Mr. Olson stated the existing agreement requires the owner to maintain and
repair the tunnel in perpetuity, and noted putting a condition on this project
transfers that burden to him.
Council Member Henderson pointed out everyone is denying ownership of
the easement.
Ms. Jenson expressed doubt that Landmark is the owner because they lost
the property in the bankruptcy. She stated if this area is like the rest of
Jefferson Street, the underlying fee interest of the property is owned by the
adjoining property owner to the centerline, and what the City has is a street
right-of-way on top of the tunnel. She noted the applicant can be required to
get a title report on the street to find out who the owner is. It's her
understanding that the tunnel is part of the project because the developer
will be re-contouring the area as part of the off-site construction.
Mr. Olson stated the area is between the wall and the sidewalk and they will
not be working in that area.
Council Member Henderson noted the entrance to the tunnel is on the
applicant's property.
Mr. Olson indicated the legal description for the tunnel is separate from his
property.
In response to Mayor Adolph, Mr. Jonasson stated he is not aware of having
any problems in this area since the Jefferson Street improvements were
completed approximately three years ago.
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January 18, 2005
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Council Member Osborne suggested the item be continued until more
information is received on ownership and liability of the tunnel and the best
way to abandon the tunnel.
Mayor Adolph suggested staff review the plans for the tunnel to determine
whether or not it should be filled. He also suggested the applicant start the
process of getting approval from the homeowners in the homeowners
association prior to this issue being resolved.
Mr. Olson noted that will depend on whether or not the homeowners
association is willing to start the mailing before the tentative tract map is
approved. He asked about the possibility of approving the tentative tract
map with the liability issue left on the table to negotiate.
Ms. Jenson advised the conditions of approval need to be established when
the tentative tract map is approved.
Council Member Henderson asked what challenges a five-year
indemnification would put on the project.
Mr. Olson indicated the major challenge would be financing.
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Council Member Henderson referenced a letter from the homeowners
association, and stated it seems the homeowners association is concerned
about the liability carrying over to them.
Mr. Olson stated he hasn't applied for financing but expects the five-year
liability issue would make it difficult. He stated the sale of the property is
conditioned upon getting tentative tract map approval and annexation into
the homeowners association. As for the tunnel, he anticipated having to do
the same as Mountain View Country Club.
Thomas Morton, 79-21 2 Liga, President of the Citrus Homeowners
Association, stated he is an engineer, and believes there could be some
differential subsidence if the tunnel is filled. He indicated the homeowners
association is concerned the liability may carryover to them. He doesn't feel
it would be fair to place that liability on homeowners that had nothing to do
with the tunnel, and if that were the case, they would not be able to annex
this property into the homeowners association. He would like to see some
of the issues cleared up before they enter an annexation agreement with the
developer. Regarding the emergency exit, they are opposed to having it go
across the entry area because it would not be aesthetically pleasing. He
voiced concern about stagnant water accumulating in the retention basins
and causing an odor and breeding insects. He feels the basins should be
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January 18, 2005
designed in a way that will cause any water to dissipate within a specific
amount of time.
Council Member Henderson asked if they had discussed that issue with the
applicant.
Mr. Morton stated their annexation agreement calls for them to be involved
with all of the common areas but they don't have expertise on the excess
storm water drainage flow system. They want to make sure the City
understands what will happen with these retention basins and that the
system is designed correctly to dissipate the water in a rapid manner.
Robert Crowe, 79-890 Citrus, suggested the liability condition be changed
from "minimum five years" to" maximum five years."
Ms. Jenson advised it should be changed to "five years."
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 8:29 p.m.
Council Member Henderson asked if the retention basin calculations took into
consideration the water from the existing development or is that water
supposed to go somewhere else.
Chris Bergh, of MDS Consulting, 78-900 Avenue 47, reviewed the drainage
for the project, indicating MDS was the design engineer for the Citrus project
in the late 1980s, and it included the storm drainage for the entire project.
In response to Mayor Adolph, Mr. Bergh indicated the overflow drains are in
the top of the retention basins.
In response to Council Member Perkins, City Manager Genovese suggested
further research be done to find out if the tunnel is constructed with
corrugated metal or concrete. He also suggested the applicant be asked to
do a title search to find out who owns the property where the tunnel is
located.
Council Member Perkins stated he doesn't want the City involved with doing
anything to the tunnel unless the City is totally protected. He's not
comfortable moving ahead with this at this time.
Council Member Henderson stated she feels the biggest problem is that there
are questions involved here that no one can answer. She asked Mr. Lichliter,
in the audience, if KSL owns the easement.
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January 1 8, 2005
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The Mayor declared the PUBLIC H,EARING REOPENED at 8:36 p.m.
Larry Lichliter, 80-138 Hermitage, stated the easement was not part of
KSL's acquisition of the Landmark assets, and there is no reference to the
tunnel in the property title for the 9.25 acres. He figures the tunnel was left
out of the acquisition because it was not adjacent to the 9.25 acres, and
that Landmark is still involved with the indemnification.
Council Member Henderson -asked if he agrees the City would be challenged
to call on that, to which he responded he doesn't feel qualified to answer
that question.
There being no further requests to speak, the Mayor declared the PUBLIC
HEARING CLOSED at 8:40 p.m.
Council Member Sniff suggested continuing this item and directing staff to
acquire the necessary answers to the questions posed today.
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Council Member Henderson asked if he is suggesting City staff do the
investigation or that the applicant provide the information. . He responded
that the applicant provide the information at staff's request.
Council Member He'nderson indicates she supports the continuance because
of the challenges involved.
Council Member Osborne noted that will allow time for the Engineering
Department to find out the engineering aspects of the tunnel.
Mayor Adolph stated he hopes if the information can be provided in two
weeks that it will give the applicant sufficient time to deal with the
annexation into the homeowners association.
MOTION - It was moved by Council Members Sniff/Henderson to continue
the public hearing for Tentative Tract Map 32751 for Grove Partners LQ to
February 1, 2005, and direct staff to get responses to the questions posed
today from the various parties involved. Motion carried unanimously.
MINUTE ORDER NO. 2005-11.
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January 18, 2005
2. PUBLIC HEARING TO ADOPT AN ORDINANCE OF THE CITY COUNCIL
APPROVING AN AMENDMENT TO: CHAPTER 9, SECTION 9.40.010 -
TABLE 9-1 PERMITTED USES IN RESIDENTIAL DISTRICTS; SECTION
9.80.040 - TABLE 801 PERMITTED USES IN NONRESIDENTIAL DISTRICTS;
AND SECTION 9.150.080(M)(5)(a) AND 9.1 00.040(B)( 1 )(a) RELATING TO
INTERIOR LANDSCAPING; OF THE CITY OF LA QUINTA MUNICIPAL CODE.
Community Development Director Evans presented the staff report.
Council Member Osborne inquired about the type of fencing referenced in
9.40.010, to which Associate Planner Magaña responded, "wood or block
fencing. "
Council Member Osborne also asked why the landscaping percentage is
being reduced from 15% to 5%, and Mr. Magaña explained the original
intent was 5 %, and this will bring the Code into consistency.
The Mayor declared the PUBLIC HEARING OPEN at 8:49 p.m. There being
no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at
8:49 p.m.
MOTION - It was moved by Council Members SnifflOsborne to take up
Ordinance No. 414 by title and number only and waive further reading.
Motion carried unanimously.
ORDINANCE NO. 414
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING CHAPTER 9, SECTION 9.40.010 - TABLE 9-1
PERMITTED USES IN RESIDENTIAL DISTRICTS; SECTION 9.80.040 -
TABLE 801 PERMITTED USES IN NONRESIDENTIAL DISTRICTS; SECTION
9.150.080(M)(5)(a) AND 9.100.040(B)(1 )(a) RELATING TO INTERIOR
LANDSCAPING OF THE CITY OF LA QUINTA MUNICIPAL CODE (ZONING
ORDINANCE AMENDMENT 2004-081 - CITY OF LA QUINTA).
It was moved by Council Members Sniff/Osborne to introduce Ordinance No.
414 on first reading. Motion carried by the following vote:
AYES:
Council Members Henderson, Osborne, Perkins, Sniff,
Mayor Adolph
None
None
None
NOES:
ABSTAIN:
ABSENT:
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January 18, 2005 .
ADJOURNMENT
There being no further business, it was moved by Council Members Sniff/Osborne
to adjourn. Motion carried unanimously.
Respectfully submitted,
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JUNE S. GREEK, City Clerk
City of La Quinta, California
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