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2005 04 19 CC Minutes LA QUINTA CITY COUNCIL MINUTES APRIL 19, 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. PRESENT: ABSENT: Council Members Henderson, Osborne, Perkins, Sniff, Mayor Adolph None PUBLIC COMMENT . Anthony Cunzio, 79-170 Ladera Drive, of United Irrigation, stated his company was a subcontractor under the Weitz Golf contract for the SilverRock Resort project. They have completed their work but have not been paid, and are at risk of going out of business. He requested assistance in getting this resolved. In response to Mayor Adolph, City Attorney Jenson stated she will look into the issue and report back to Council. She also agreed to meet with Mr. Cunzio Wednesday. CLOSED SESSION 1 . Conference with City's legal counsel regarding pending litigation, Coachella Valley Water District v. City of La Quinta, Riverside Superior Court Case No. INC 010827, pursuant to Government Code Section 54956.9(a) 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 real property located at the northwest corner of Calle T ampico and Desert Club Drive. Property Owner/Negotiators: Santa Rosa Plaza LLC and. Embassy Suites La Quinta. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. City Council Minutes 2 April 1 9, 2005 PUBLIC COMMENT The following people requested action be taken to resurface A venue 58 near The Quarry project and to require the developer to clean up the north side of the street: Jack Laughlin, 79-440 Tom Fazio Lane Reed Harman, 79-091 Tom Fazio Lane frank Rossi, 79-500 Tom Fazio Lane Jeff Louis, 79-285 Tom Fazio Lane Bill Morrow, 79-390 Tom Fazio Lane Bill Turpin, 79-062 Tom Fazio Lane Chuck Montgomery, 58-601 Banfield Mayor Adolph noted a letter has been sent to KSL regarding the dirt piles that need to be removed. * * * * * * * * * Marshall Harris, 80-622 Hermitage, spoke regarding the Embassy Suites hotel project, indicating the hotel is about 95% complete and the condo units are sold. He referenced a financial package approved by the Council three years ago for this project, and how the project will benefit the surrounding business community. Mayor Adolph indicated the Council is dedicated to getting the hotel open. * * * * * * * * * The following people voiced concern about how the high street elevation, (Palm Royale) behind their homes, will affect their privacy and security: Pat Garday, 43-790 Milan Court William Brogan, 43-820 Milan Court Scott Arthur, 43-845 Milan Court Ian Rhodes, 43-905 Milan Court Linda Apodaca, 43-725 Milan Court (spoke at 7:00 p.m.) Mayor Adolph referenced a meeting to be held Wednesday evening at the School District regarding this issue. CLO.SED SESSION ANNOUNCEMENT - City Attorney Jenson announced the City Council has concluded a closed session hearing on Item No. 1 (Coachella Valley Water District v.City of La Ouinta) and has voted unanimously to approve the - ---- -- ~ - - -- -_._.~-_..__._- City Council Minutes 3 April 1 9, 2005 terms of the stipulated judgment. She advised the document will be available for review upon execution by all parties. CONFIRMATION OF AGENDA Council Member Henderson indicated she has a letter she would like to share with the City Council under Mayor and Council Members' Items. ANNOUNCEMENTS - None PRESENTATIONS 1. PRESENTATION BY THE DEAN OF THE PALM DESERT CAMPUS OF CALIFORNIA STATE UNIVERSITY SAN BERNARDINO. Dean Fred Jandt gave a brief presentation about the campus, including the site of the third building. Richard Oliphant related that once the health sciences building is completed, a four-year nursing program will be offered, and the State will take responsibility for any future buildings. He encouraged the City to consider a $1 million contribution toward construction of the third building. He noted the funding can be spread over a four-year period at $250,000 a year. Betty Barker also spoke and encouraged the Council to support this effort. She commented on the need for the individual communities to strive together to build this facility because the students come from all of the communities. She feels the establishment of this facility makes the community complete. Mayor Adolph stated the Council will deal with this issue during the budget process. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of April 5, 2005, as submitted. Motion carried unanimously. City Council Minutes 4 April 1 9, 2005 * * * * * * * * * * * * Police Chief Meyer introduced Lieutenant Ruben Navarro as the new Assistant Police Chief. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED APRIL 19, 2005. 2. TRANSMITTAL OF TREASURER'S REPORT DATED FEBRUARY 28, 2005. 3. TRANSMITTAL OF REVENUE & EXPENDITURE REPORT FOR FEBRUARY 28, 2005 AND INVESTMENT SUMMARY REPORT FOR THE QUARTER ENDING MARCH 31, 2005. 4. APPROVAL OF AN AGREEMENT TO SHARE SALES TAX REVENUE WITH KOHLS DEPARTMENT STORE IN CONSIDERATION OF KOHLS' OPERATION OF A RETAIL SITE IN THE CITY OF LA QUINTA FOR A TERM OF LEAST EIGHT YEARS. 5. ADOPTION OF A RESOLUTION SUPPORTING NATIONAL DONATE LIFE MONTH. (RESOLUTION NO. 2005-029) 6. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30023-5, TRILOGY, SHEA LA QUINTA, LLC. (RESOLUTION NO. 2005-030) 7. ACCEPTANCE OF PROJECT NO. 2004-03, FISCAL YEAR 2003/2004 SLURRY SEAL AND RE-STRIPING PROGRAM, AND APPROVAL OF CONTRACT CHANGE ORDER NO.3. 8. RATIFICATION OF A PURCHASE ORDER WITH DISC CONSTRUCTION SERVICES BY THE CITY MANAGER FOR SOIL STABILIZATION AT SilverRock RESORT. 9. ACCEPTANCE OF PROJECT NO. 2003-07b, MADISON STREET PAVEMENT REHABILITATION. 10. AUTHORIZATION TO FILL A VACANCY ON THE CULTURAL ARTS COMMISSION. - - -------~ ---- City Council Minutes 5 April 1 9, 2005 11. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES LEGISLATIVE ACTION DAYS CONFERENCE TO BE HELD MAY 11-12,2005, AND THE LEAGUE OF CALIFORNIA CITIES BOARD OF DIRECTORS MEETING TO BE HELD MAY 12-13, 2005, IN SACRAMENTO, CALIFORNIA. 12. DENIAL OF CLAIM FOR DAMAGES FILED BY BRENDA DIEHL - DATE OF LOSS: NOT SPECIFIED. 13. APPROVAL OF PROFESSIONAL SERVICES AGREEMENTS WITH BUREAU VERIT AS/BERRYMAN & HENIGAR, AND NRO ENGINEERING FOR ON-CALL PLAN CHECK SERVICES. MOTION - It was moved by Council Members Sniff/Perkins to approve the Consent Calendar as recommended, with Item Nos. 5 and 6 being approved by RESOLUTION NOS. 2005-029 and 2005-030 respectively. Council Member Perkins referenced Item No.7, and reminded staff to include bike lanes at the proper width whenever possible, as well as left-turn pockets. Motion carried unanimously. MINUTE ORDER NO. 2005-35. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF THE DEVELOPMENT PLANS FOR THE CITY HALL EXPANSION, CAPITAL IMPROVEMENT PROJECT NO. 2002-01. Building & Safety Director Hartung presented the staff report. John Eloe, of Patrik Davis Associates, reviewed the history of the project and the revised site plan and elevations. He responded to several questions as follows: the session room will be a flexible area accommodating up to 50 seats; the Council offices will be approximately 120 feet from the Council Chambers; small coffee rooms will be located near the two caucus rooms; the caucus rooms are of sufficient size to accommodate at least 10 people; the kitchen will contain a microwave, small refrigerator, and a stove if needed; the main access to the EOC will be through the administration area using the stairs or the elevator or it can be accessed through an outside entrance. City Council Minutes 6 April 19, 2005 In response to Council Member Henderson, Mr. Hartung stated there will be no daily use of the EOC by employees. City Manager Genovese noted it will be.a command center with work areas to be used during emergencies. Council Member Henderson indicated her còncerns have been satisfied. Council Member Osborne asked when the construction cost estimates were done. Mr. Eloe stated David Reed Construction prepared the cost estimates last week. He confirmed the cost estimates are substantially higher than before. Mr. Eloe responded to questions from Council Member Sniff as follows: the new expansion area will accommodate 20 new work spaces and 1 8 new work spaces will be added in the existing department areas; the basement is 8,900 square feet and the top floor 14,000 square feet with 3,000 square feet being used for storage and circulation. He confirmed the ability to set up the lobby area with TV screens and Council Chamber overload seating for 40-50. Mayor Adolph suggested eliminating some of the wasted space in the hallways around the Council offices, and using some of it to increase the size of the caucus room. He also voiced concern about the number of exterior doors, including the one next to the stairway. Mr. Eloe indicated the exterior doors are required. As for the hallway areas, he visualized them being used like the current lounge area in the rear of the Council Chambers. Mayor Adolph questioned the need for patio areas outside the Council offices, and suggested replacing them with open areas and palm trees seen through vertical windows. He inquired about the square footage cost of the new session room, and questioned if it needs to be that large. Mr. Eloe advised the cost is $2.50 to $2.80 per square foot. Mr. Hartung stated the proposed solution was based on Council's previous comments about the current session room being too small. He noted the current session room is used more than the Council Chambers. Mayor Adolph noted the bottom line is the cost, and he is relying on staff to determine if it's needed. --. - ._"---_._--_.~--_.._~- -- _.._._~---- - - City Council Minutes 7 April 1 9, 2005 Council Member Sniff inquired about the large skylight, and Mr. Eloe stated it's 12 X 30 feet and provides fused natural light. He added it's more thermally responsive than glass; Council Member Henderson suggested she would like for staff to look at some options for the outdoor patio areas before eliminating them. She feels they could ultimately serve a broader purpose. Mr. Eloe indicated the areas are fairly private with a succulent garden between them and the Civic Center Campus. Council Member Perkins stated he agrees the large hallways near the Council offices are a waste of space. Mr. Eloe reviewed the building elevations, including the copper exterior proposed for the tower where the Mayor's office will be located. He also indicated the tiles currently used on the exterior of the building are no longer available, and referenced possible alternatives. Council Member Sniff commented on the discoloration of copper material, and stated he feels the copper tower looks like a metal fort. He noted the original Moroccan style is not continued into the expansion area, and commented on the lack of archways at the new north and south entrances. He indicated he feels the proposed design is bland, and would have a difficult time supporting it. Mr. Eloe stated the new north and south entrances are for employees only, and were not emphasized so as not to draw the public to those doorways. Council Member Sniff stated he would like to see some archways used in the design, and wants a design that's compatible with the original building. Council Member Osborne commented on the exterior of the Mayor's office looking so different, and the need for more continuity with the existing design. He noted the design is a bit square looking. Council Member Henderson asked if decreasing the size of the Council hallway would impact the EOC, to which Mr. Eloe responded, "No." She stated she agrees the hallway takes up a lot of space, and noted the Council offices won't get that much use. Mayor Adolph noted squaring off the Council offices instead of extending them out would have narrowed the hallways. City Council Minutes 8 April 1 9, 2005 Council Member Henderson stated she would like for this to move forward, and asked if some of the architectural concerns can be addressed without going through another redesign, to which Mr. Eloe answered, "Yes." As for the tile, if the exact green tile can't be found, another green would work but she prefers going with the gold tile. Council Member Perkins voiced disappointment that the design of the existing building did not take a future expansion into consideration. He is not pleased with the proposed design but complimented the architect for what he has done to try to tie it into the existing building. He stated he would reluctantly support this but wants it to look like the existing building as much as possible. He asked about the number of parking spaces and location of Council parking. Mr. Eloe stated there will be 48 additional parking spaces, and Council parking will remain in the same location. Mayor Adolph spoke in support of adding some archways to provide continuity with the existing building. He also suggested the Mayor's office be modified to be consistent with the rest of the design, and to eliminate the copper material on the exterior. Council Member Henderson suggested matching the roof of the new session room. Council Member Osborne referenced the request to increase the DIF loan from $2.1 million to $6.1 million to cover the cost of this construction, and inquired about the amount of existing DIF loans from the General Fund. Mr. Genovese stated there are various loans from the General Fund, and staff will come back with that information. He stated many of the loans are to the Redevelopment Agency. . Council Member Osborne voiced concern about the number of loans from the General Fund. He inquired about the increased cost of the project, and if the square footage amount is due to prevailing wages. Mr. Hartung confirmed part of the cost is due to prevailing wages but noted the original bids five years ago were $3.6 million. He added he believes this estimate is more realistic than previous estimates have been. Council Member Osborne asked if the revisions discussed today will mean a substantial change in the square foot cost. -----,- ~_._~-- City Council Minutes 9 April 1 9, 2005 Mr. Eloe noted the decrease in hallway space will result in some cost reduction, and confirmed the EOC portion of the project could be $2.5 million dollars. Council Member Osborne indicated he would have trouble supporting the project without more information on currentDIF loans from the General Fund, and how this will affect the General Fund Reserves. Council Member Sniff stated he believes the project has significant design problems, as well as financial concerns that are difficult to accept. He commented on the difficulty of being able to count on the cost estimate because past estimates have been too low. Mr. Hartung confirmed the furniture and equipment are included in the $ 9.5 million cost estimate. He noted there is a 5% increase built into the cost estimate. Council Member Sniff noted previous cost estimates have been off 20-30%, and stated he can't support this. Council Member Henderson pointed out the project will come back to Council before going out to bid, and that we won't know if the estimate is good until it goes out to bid. She feels it's important for the project to move forward because the costs will keep increasing. MOTION - It was moved by Council Members Henderson/Perkins to approve the development plans for the City Hall expansion, Capital Improvement Project 2002-01, per the revisions discussed by Council. Mayor Adolph indicated he would like to review the revisions on the entrance ways, session room, areas near the Council offices, and tweaking of the elevations. Mr. Genovese indicated the design can be brought back to Council. Mayor Adolph suggested the modified design be provided to the City Manager, who in turn can share it with the Council Members. Motion carried with Council Members Sniff/Osborne voting NO. MINUTE ORDER NO. 2005-36. Council recessed to and until 7 :00 p.m. City Council Minutes 10 April 1 9, 2005 7:00 P.M. PUBLIC COMMENT Joe Broido, 77-510 Calle Nogales, spoke regarding the need for more speed limit signs in the Cove, including signs at the entrances to the Cove on Eisenhower Drive and Avenida Bermudas. PRESENTATIONS The Mayor announced the art awards for Truman Elementary School will be made at a later date. PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER AND TAKE ACTION ON APPEAL FILED BY WASHINGTON 111, LTD., REGARDING GRADING PERMIT CONDITION AND PROCESS OF FINAL MAP. Public Works Director Jonasson presented the staff report,· and Assistant City Engineer Speer reviewed contour maps of the area. Council Member Perkins asked if there has been a problem with runoff water blocking the #1 lane of traffic, and what happened to water from the Champion Motors site prior to the site being graded. Mr. Speer stated he is not aware of a water problem in the #1 lane. As for the site, prior to constructing a gutter, the runoff would have channeled to the side of the road and southward. . He continued his review of the current site plan and water flow from the Champion Motors site. He stated the water flows down Simon Drive then south on Washington Street. In heavy storm conditions, the water will pond some at Wàshington Street and Avenue 47 intersection then continue south. The intent is to take the water through two inlets onto the Washington 111 site to redirect it to catch basins then south to a storm drain and a retention area on Avenue 47. In response to Council Member Osborne, Mr. Speer confirmed this concept drawing includes the two inlets, with the idea being to drain the street to keep it open for traffic circulation. He added the concept drawing has not been approved because it lacks sufficient backup documentation with the hydrology calculations. He stated once the hydrology map and calculations --~ _0_".__..-- City Council Minutes 11 April 1 9, 2005 match, staff will approve the concept so the developer can move forward with their storm drain and grading plans. Council Member Osborne asked if there was an understanding with the developer showing the two inlets when the Washington 111 road improvements were approved. Mr. Speer stated he doesn't know if the City ever had that understanding because storm drain plans are not prepared until there is an approved drainage concept. He noted inlets can be added after the street is constructed. He noted the City is not asking the applicant to retain the runoff water from Champion Motors onsite but rather to pass it through the site to the southwest corner then back onto Avenue 47. The conditions of approval give the applicant the option of retaining the water or passing it through the site. He explained staff is trying to get a viable means for the applicant to meet their drainage requirements. The applicant is not being asked to oversize their catch basins, and there is' no additional sacrifice of land. In response to Council Member Henderson, Mr. Speer stated the calculations are needed before the size of the inlet pipe will be determined, and before staff will know if the retention basins shown on the map are sufficient. In response to Council Member Perkins, Mr. Speer stated staff feels the first inlet is the latest point to divert water from the street before it causes a serious amount of flooding in the lane. At this time, the concept drawing shows an inlet pipe size of 18 inches. In response to Council Member Henderson, Mr. Speer stated it became obvious during the recent rainstorms, that Champion Motors' water was running down Washington Street, and the applicant is being asked to get that water off the street along with the water they are already required to get off of the street. The retention basins on the project must be designed to handle all onsite water, including Lowe's, and the offsite water out to the centerline of the street, and the catch basins and storm drain need to be sized to also pass through the runoff water from the Champion Motors site. The basins are sized for a 1 OO-year storm onsite but they will fill up faster because they are taking on a little extra water. As the basins overflow, they will cascade through the ponds, overflow the swale out into Avenue 47 and end up in Lake La Ouinta. He noted it's only about 3.5 acres of drainage. Council Member Sniff referenced a pump being installed in the past to push water from a low area near Vons to the storm channel. City Council Minutes ·12 April 1 9, 2005 Mr. Speer stated the pump was replaced by a storm drain and the pipe was abandoned. Council Member Sniff noted the purpose of curbs and gutters is to let the water run down the street, and that the long-term plan should be to get the water to the evacuation channel. He feels it's too much to expect people to hold water from a storm on their property. Mayor Adolph stated he has a problem with this, and finds it hard to understand why the developer should be responsible for taking care of Champion Motors' runoff. He feels the County was responsible initially but turned it over to the City when it incorporated. He asked if the developer was told about this when they put in the curbs and gutters. Mr. Speer stated the developer had their street improvement plans ready, and didn't want to be held up for storm drain plans. He confirmed the developer was told they had to take the water from the centerline of the street onto their site. It wasn't written into the conditions of approval but the City uses design standards for keeping the street clear for traffic, and that gets worked out during the design stage. He added the design standards can be modified to make that clearer but it hasn't been done to date. Mayor Adolph stated it seems as· though there was a lack of communication because the developer should have known if there was a condition. If they were told they have to take the water, they could have assumed they had to take it on Avenue 47 in the retention basin. He hopes a compromise can be worked out, and stated he has a problem with the City approving something then requiring it to be torn out to put in something else. Council Member Henderson asked if moving forward with the street improvements would be similar to a grade-at-risk permit. Mr. Speer stated he can't say for sure that the City issued the permit under those circumstances. He stated the basic cost of the catch basin and storm drain won't change. There may be additional cost in cutting the curb and gutter and fitting the catch basin, and if Council wants, the City can work with the developer on that. City Manager Genovese asked staff to explain the process as to what would have happened had the City not allowed the Subdivision Improvement Agreement to go forward and the pads to be graded. ~-_._--~_._~._- -~ -- - - - - - -- -_.~- ~_.- - --~-~ City Council Minutes 13 April 1 9, 2005 Mr. Speer confirmed the developer wanted to move forward with the Washington Street improvements. He explained development plans are produced in logical order, and the developers want to start construction as soon as the plans are approved. However, there is a general understanding that they have a responsibility to make the plans tie together, and if they don't, staff has to hold up the plans. In response to Mayor Adolph, City Attorney Jenson clarified all of the conditions of approval were imposed and accepted prior to approval of the street improvement plans. She stated the conditions of approval didn't require the catch basins but they are required to present a hydrology study that lays out what is needed for storm drains. Mayor Adolph asked if the City lets the developers know that the hydrology study might require these other things, to which Mr. Genovese responded, "Yes, and that report hasn't been received." The Mayor declared the PUBLIC HEARING OPEN at 8:00 p.m. Jack Tarr, 30-240 Rancho Viejo Road, San Juan Capistrano, Managing General Partner of Washington Park '111 Ltd, questioned how many times a set of plans can be changed without an event that triggers that and who should pay for th~ burden of that. He stated they have a hydrology report that was approved concurrently with their storm drain plans and precise grading plans on October 14, 2004. They have acknowledged from the beginning that they don't feel they should have to retain, store, or pass through water from the Champion Motors site. He confirmed their storm drain plans were approved prior to commencement of the Washington Street improvements. They have asked what staff's support was for historical drainage but didn't receive it, and have commissioned their own hydrology study for historical drainage, which was conducted by First American Title Insurance Company. He feels the ultimate solution is to take ,the Champion Motors' runoff water to an existing storm drain on Washington Street. Additionally, if staff feels it's needed, there could be a cut-across inlet at Avenue 47 to contain the Washington Park water. He referenced conditions of approval that required the project approved in 1994 for Simon Plaza to "provide storm drain facilities with sufficient capacity to evacuate all water from the site to the storm channel." He noted that would have requiring connecting to the storm drain at Washington Street. The conditions of approval further stated that "the applicant may purchase capacity ona fair- share basis in a storm drain designed and constructed in Washington Street by the City if the City proceeds with said storm drain facility within time constraints that suit the applicant." He noted although Mr. Sjmon decided to City Council Minutes 14 April 1 9, 2005 sell the lot, the City knew where the water was going and required it to go into the storm drain in Washington Street. Hayward Pardue, 74-040 EI Paseo, Palm Desert, of PCA Engineers, reviewed contour maps for the site, which he stated they used to design a basin on Avenue 47 but the basin was not designed to catch the Champion Motors' runoff water. Mr. T aar stated they agreed to discuss the inlets but did not agree to construct them. Their engineers have showed how it might work but the City would have to require Champion Motors to retain their own water if they should ever apply for a permit. They may be able to deepen their basins but cannot retain the Champion Motors' water, and don't believe they should have to pass it through their site. If they do, it should go through normal drainage and not cascade through their project. He noted the Washington Street improvements were constructed to City Code, and any change to the City standards should be at the City Council level and not by staff. Mr. Pardue reviewed a drawing showing a 1 OO-year storm condition on Washington Street with one lane completely closed, one lane partly flooded but not impassable, leaving two lanes for traffic. He stated he believes a 100-year storm can be retained within the curb. In response to Council Member Osborne, Mr. Taar confirmed their approval includes the hydrology report. He doesn't believe they will be putting public safety at risk, or that they should be burdened with a standard not required of other developers. He feels the right answer is for the City to tie into the Washington Street storm drain and see if the La Quinta Court development can be required to share in the cost. He feels the next best answer is to install a cross inlet at Washington Street to Avenue 47, or to build up a crown at the intersection to contain the water and redirect it down Avenue 47. He indicated they are revising a basin onsite but he doesn't feel that should trigger a request to revise the hydrology report. They have submitted an underground solution that they believe will work and are waiting for an answer from staff. Council Member Henderson asked for clarification as to whether or not the hydrology report has been accepted. Mr. Jonasson stated he believes the approved hydrology report, referenced by the applicant, was for the mass grading in Phases 1 and 2 (Target and Lowes). He indicated the applicant's engineer recognized the need to modify the report for the mass grading because it didn't include water to the ~._- ----~--.- -------- .- City Council Minutes 15 April 1 9, 2005 centerlines of Simon Drive and Washington Street. He stated the Champion Motors' water was not included in the report, nor did it show any offsite flow to the site. Associate Engineer Goble stated staff's calculations differ from those shown by the applicant, and staff thought the applicant had agreed to take the water but at some point that changed. He stated staff feels the cut across at Avenue 47 is too late. He stated staff is only asking for two inlets and reasonable accommodation to address the hydrology on. the site. Council Member Henderson stated she doesn't have a problem with one inlet but is challenged somewhat with the hydrology report issue. Mr. Goble stated most developers provide two reports - a general concept, which in this case did not include any tributary flow, and the follow-up report for Phases I and II that was accepted in that context. He added the report is still subject to revision. He pointed out Phase III of the development is not listed on the cover page of the hydrology report that was accepted. He referenced changes made to the location of the retention basin as late as November and December 2004. A modest revision would address passing the Champion Motors runoff through the site so there is no public safety issue on Washington Street. In response to Council Member Henderson, Ms. Jenson stated it was her understanding that Berryman & Henigar recommended approval of a hydrology report in 2002 but that there are also storm drain plans that haven't been approved. Mr. Goble stated the overall hydrology in the general layout has been approved but changes have been made to a Phase III parcel as late as early 2005. Council Member Henderson asked if the changes in 2005 were at the City's request and under protest. Mr. Goble stated the changes were not under protest. Council Member Henderson stated she tends to agree that streets, curbs, and gutters are designed to carry some water. In response to Council Member Henderson, Ms. Jenson advised there is a provision in the Government Code that makes public agencies responsible for dangerous conditions on public property, and the City could be liable if it's aware the situation exists. City Council Minutes 16 April 19, 2005 Council Member Henderson stated she feels a variety of things have caused a Washington/Highway 111 drainage issue to surface, and that fingers can be pointed forever without reaching a solution. If the City has to contribute financially toward the cost of an inlet on Washington Street, then she feels the City should do that. Mr. Taar stated the hydrology report they have was provided with the precise grading plans and is a final report. He stated staff has acknowledged that the precise grading plan with Phase II has been approved by the City, and that included the hydrology report for the entire site. 'He believes the onsite changes discussed with staff were insignificant. He stated the storm drain plans were approved on the precise plan hydrology report. He doesn't feel this is a simple issue of just adding an inlet because his experience has been that engineering issues tend to escalate. He also doesn't like the liability issue of taking hazardous waste from Champion Motors. He feels they have complied with City Code Section 13.24.120 (drainage), and shouldn't be held to a higher standard. Mr. Pardue stated they will have a ponding problem on Avenue 47 if they take the Champion Motors' water. In response to Council Member Perkins Mr. Speer stated the storm drain in Washington Street is north of Simon Drive. He stated a cut across at Avenue 47 will help the water turn the corner but it doesn't address flooding further up the street. Council Member Perkins stated he agrees the City may need to put some money into this, and suggested a two-week continuance to see if staff can work something out with the applicant. Mr. Jonasson noted offsite retention is required along Washington Street, Jefferson Street, and Highway 111, so the applicant is not being held to a higher standard. However, since the Champion Motors' water was not contemplated in the applicant's original design and the problem seems to deal with bringing the water on site, perhaps the City could agree to prorate the Champion Motors' part of the drainage and pay for those drainage improvements. Council Member Perkins stated he doesn't understand why the 'applicant should have to take Champion Motors' water. Council Member Osborne asked if this can be done with one inlet instead of two inlets. -- - - -' _._.........-..-..-.-~ _........_~.._.- ~-----..~-_..- ---------- ...- .._~-- --- City Council Minutes 17 April 1 9, 2005 Mr. Speer confirmed staff feels everything can be handled with the two inlets. Council took a brief recess. Council reconvened. Mr. Taar referenced materials he wished to include for the record consisting of the letter from First American Title, aerial photographs, and graphics. He requested Council sustain his appeal, and suggested the City spend the money to put in the 350 feet of storm drain connection that the Simon Plaza and La Quinta Court projects were supposed to do. He noted that will take care of most of the high frequency rainstorms. Matt Petroni, of the Keith Companies, stated they don't know what the impact will be if they have to take the Champion Motors' water on site. Additionally, if they take the water on site they will be violating one of the conditions that states they cannot create a worse condition by expanding their boundaries into the plain. Council Member Sniff asked if anything had been worked out with staff during the recess, to which Mr. Tarr responded, "No." Mr. Genovese advised if Council wishes to continue this item it would be Alternative #4 in the staff report. However, if Council selects another alternative, it's important for staff to explain how the hydrology report relates to Phases I, II, and III. Mayor Adolph stated he was under the impression the LG's property had a condition requiring Champion Motors' water to be tied into the storm drain. Mr. Speer stated the La Quinta Court parcel is tied into the storm drain. The City's intent is for the Champion Motors' parcel to also be tied in whenever the opportunity arises to make that requirement. Mr. Taar stated the La Ouinta Court project is taking their onsite water but not the water from the center of the street There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 9:30 p.m. Mr. Genovese noted the public hearing will need to be left open if this item is continued. City Council Minutes 18 April 1 9, 2005 Council Member Sniff stated he would feel more comfortable making a decision now if there ts not a better chance of resolving this in two weeks. Council Member Perkins stated he prefers a continuance. In response to Council Member Henderson, Mr. Goble confirmed the hydrology report does not cover Phase III. He stated hydrology reports are typically tied to the precise grading for a specific part of a commercial project. As the project builds out, there are other modifications and clarifications of the remaining systems. The Mayor declared the PUBLIC HEARING REOPENED at 9:30 p.m. MOTION - It was moved by Council Members Sniff/Perkins to· continue the public hearing to consider the appeal filed by Washington 111 Ltd to May 3, 2005. Motion carried unanimously. MINUTE ORDER NO. 2005-37. 2. CONSIDERATION OF CITY OF LA QUINTA MARKETING PLAN FOR FISCAL YEAR 2005/2006. Assistant City Manager Weiss presented the staff report. In response to Council Member Osborne, Mr. Weiss explained the Golf Course Operator has submitted a budget proposal, independent of this report, for the entire golf course operation. That budget includes approximately $150,000 for advertising and $100,000 for their staff to carry out those marketing efforts. He added Kiner Communications has worked with the Operator as well as staff. In response to Council Member Henderson, Mr. Weiss stated the figures on the front' page of the staff report are general parameters of what staff believes will be needed. Staff recommends the golf course marketing be left , to the discretion of the Operator because it leaves it under the direction of a , single entity and allows for tracking the cost. He stated Landmark has indicated t~ey would like to see the budget supplemented but staff is not proposing that at this time. He stated there is some crossover benefit but the City's marketing is separate from the golf course. Staff is proposing that next year's City calendar be dedicated to SilverRock. He confirmed staff does not intend to recommend any supplemental marketing for SilverRock unless the direction comes from the Council. - _..~-_.._....._- - --- City Council Minutes 19 April 1 9, 2005 Council Member Sniff stated he feels there are three general target areas - general generic support, of businesses, public communication, and SilverRock. He suggested tentative funding amounts of $80,000 for public communication, $240,000 for business support, and $240,000 for SilverRock through the Operator, contingent upon money being available in the budget. He stated he hopes the Operator will work with McMurry, and doesn't see a need to do an RFP for the City marketing. Council Member Henderson stated she feels the City's marketing plan should include everything, including the Date Festival, air show, and videos for the National Monument, and would like to see a matrix as to who is doing what part. She realizes it can't be done until after the budget but noted we can work from it for next year. She feels ~oney should be set aside but it doesn't have to be used. As for Item #2, she feels the boxes in the City calendar are almost where she suggested. She feels the recreation brochure is great, and she enjoyed the last concert. She suggested doing the City Report quarterly to avoid having to use small print to include everything. She also suggested numbering the pages and hole punching it so people can put them in a binder. She feels the information on the City page in The Gem is not timely, and that the information should go in the City Report. She has serious concerns as to whether or not the newsletter is doing anything for the City. She suggested the City page in the newsletter focus more on recreation and senior activities. She feels an RFP for marketing services could be done next year, and that the ICSC is mentioned too many times in the marketing plan. She also feels the City calendar should be out by mid- November. She would like the Operator to let Council know what they propose for SilverRock. As for marketing amounts, she noted any amount would be contingent on the budget. Council Member Osborne stat~d he supports including Community Services in the marketing plan, and noted SilverRock will be in the Operators budget. He noted The Gem is sent to every resident, and he feels staff needs to work with them to improve the City page. As for doing an RFP, he supports continuing with Kiner. Mayor Adolph suggested the possibility of inserting the City Report in The Gem to save postage costs. MOTION - It was moved by Council Members Sniff/Osborne to approve the City of La Quinta Marketing Plan for Fiscal Year 2005/2006, and to set a tentative budget of $560,000 for the three target areas. Council Member Henderson asked if staff needs additional direction on any of the components of the marketing plan. City Council Minutes 20 April 1 9, 2005 In regard to Item # 1, Mr. Weiss stated it's his understanding that Council would like to continue with a document similar to what has been presented, and that the three components of the marketing plan are being approved. Council Member Sniff confirmed that was his motion, and indicated he feels the additional items discussed today will fall within this scope. He views this in a broad generic manner at this time. Mr. Weiss asked if the direction is to include enhancement of the City information in the newsletter in the Kiner contract. Council Member Sniff responded, "Yes." Council Member Henderson stated she feels that should include "more often" or "quarterly." Mayor Adolph noted that will be Option A and B. Regarding Item #3, Mr. Weiss stated it's his understanding Council wants staff to negotiate a contract with Kiner for marketing services. He also understood a comment was made regarding a dollar value directed toward McMurry. Council Member Sniff stated that is correct but he feels it should be through the Operator. Council Member Henderson stated she is not prepared to direct the Operator to work with McMurry. Council Member Sniff stated it is just a suggestion. Mr. Weiss stated the Operator will be making recommendations to staff as to how they would plan to implement that marketing program. Motion carried unanimously. MINUTE ORDER NO. 2005-38. 3. CONSIDERATION OF THE CITY'S ECONOMIC DEVELOPMENT PLAN FOR FISCAL YEAR 2005/2006. Assistant City Manager Weiss presented the staff report. __.~ ___-.u~ City Council Minutes 21 April 1 9, 2005 Council Member Osborne requested the plan include the City's commitment of four $250,000 annual contributions to the Cal State campus in Palm Desert to ensure an educated work force in the Valley, and to help continue increasing the average earnings. He noted the average age of students is 35, and the average age in the City is 36. He believes the demographics and economic development of our community will be enhanced with this new facility. Council Member Sniff suggested including it without a specific amount, and dealing with the dollar amount during the budget process. Council Member Osborne concurred. Council Member Henderson asked if the plan includes any reference to pursuing a movie theater. Mr. Weiss stated one thought was to have the market study this year look at the value of the arts to economic development. Council Member Henderson stated she doesn't view a movie theater as arts, but Council could request that it be a major part of the market study. Mr. Weiss commented on the potential of a movie theater along Highway 111 having economic value. Council Member Henderson stated she doesn't see it as an economic driver but rather a way to fulfill some of the needs and desires of the community. Council Member Sniff agreed with including it in the plan. Mr. Weiss stated it can be added under Recreation Opportunities. Council Member Henderson suggested adding it under Highway 111 Corridor Land Use Diversification. Mr. Weiss asked for direction regarding the university. Council Member Henderson stated she agrees with including support for higher education in the Valley but she won't support including a dollar amount. Council Member Osborne stated he would like to pinpoint the Cal State University and not just higher education. City Council Minutes 22 April 19, 2005 Council Member Sniff suggested including both. Council Member Perkins agreed the reference should be specific or not mention it at all. Council Member Sniff concurred. Council Member Henderson stated she doesn't believe it belongs in the Economic Development Plan but will still support the document. Mr. Weiss suggested adding an implementation policy entitled Education just before Staff Development. Council Member Sniff suggested emphasizing IIsupport. II After a brief discussion regarding the Strike Team on Page 20, there was consensus to remove it from the document. Mayor Adolph noted Annual Newsletter on Page 25 should be changed if it's going to be a quarterly newsletter. He referenced the Marketing Recruitment Program, and asked if the Chamber should be involved with it. Council Member Henderson noted there was a time when the Chamber members had time to get involved with City programs but she feels that environment has changed because their members are younger and work full- time. Council Member Osborne stated the Chamber utilizes its members when a team is needed to talk to a new potential business in the City. He believes they do valuable work for the City and shouldn't be forgotten. Council Member Henderson explained she was trying to be considerate of their time. Mayor Adolph suggested adding lIauto dealers" in the first bullet point under Highway 111 Corridor on Page 27, and in reference to the last bullet point, he noted the City already has one anchor at the eastern end of the corridor. He referenced Annexation Feasibility on Page 28, and asked if affordable housing land in that area was a consideration. Council Member Osborne noted staff is supposed to come back with a detailed planning for that area. -----._._"_._.~ ------ ~~- ----_. - City Council Minutes 23 April 1 9, 2005 City Manager Genovese advised staff has been waiting for the Municipal Service Reviews, and there has been some discussion about bringing forward a discussion about spheres of influence as it relates to the discussions with LAFCO. MOTION - It was moved by Council Members Sniff/Henderson to approve the City's Fiscal Year 2005/2006 Economic Development Plan as amended to include the changes made by the Council. Motion carried unanimously. MINUTE ORDER NO. 2005-39. 4. CONSIDERATION OF IMPROVEMENTS TO THE POINT HAPPY AND SOLITUDE ART PIECES. Community Services Director Horvitz presented the staff report. In response to Council Member Henderson, Ms. Horvitz stated the $5,000 amount is for plans & specifications only, and the improvements are estimated at $20,000 and $10,000 per one architect's estimate. That includes raising the Point Happy art piece if that is what the architect recommends. One architect has recommended the landscaping be lowered instead of raising the art piece, and the developer has cleaned up the landscaping around the art piece. She agreed there may be some visual improvements when the construction in that area is completed. The recommended improvements to the Senior Center art piece are landscaping and lighting. Council Member Sniff spoke in support of the recommended improvements for the Senior Center art piece but not doing anything to the Point Happy art piece at this time. Mayor Adolph commented on the need for low shrubs around the Point Happy art piece. MOTION - It was moved by Council Members Sniff/Perkins to encourage lower and improved landscaping for the Point Happy art piece and landscape and lighting improvements for the Solitude art piece at the Senior Center, and appropriate an amount not to exceed $5,000 from. the Art in Public Places fund for landscape architect services. Motion .carried unanimously. MINUTE ORDER NO. 2005-40. Council Member Sniff suggested the study session be continued to the next meeting. City Council Minutes 24 April 19, 2005 Council Member Osborne stated he had requested Lieutenant Navarro stay for the study session. However, he feels the red light violation issue is a bigger problem and hopes it can be addressed soon. Council Member Perkins spoke in support of increasing the number of Red Light Violation signs. STUDY SESSION 1. DISCUSSION REGARDING THE USE OF SECURITY CAMERAS AT CITY FACILITIES. Council concurred to continue this item to May 3, 2005. REPORTS AND INFORMATIONAL ITEMS Animal Campus - Council Member Henderson announce there will be an event in June to celebrate the Animal Campus, and she requested Council supply some names of potential contributors. League of California Cities - Council Member Henderson reported they are looking at a potential split-roll property tax issue. They are also looking at a proposed Constitutional Amendment that would reduce the two-thirds vote requirement for special taxes to 55%. There is support to try to move it back to a democracy because so many things are being decided by the minority. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson stated they have selected the Roberts Group to conduct a search for a permanent executive director, and they have also hired an attorney to attend their meetings. She also referenced a letter from Bill Adams encouraging the CV A Board to keep up the good work. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 5.A. REPORT ON DRAFT MUNICIPAL SERVICES REVIEW. Community Development Director Evans gave a brief overview of the document. - --- ---~~- ~----_._----- ~~.- .-- City Council Minutes 25 April 1 9, 2005 Council Member Sniff commented on the need to move on this as quickly as possible because there have been a lot of property owners to the southeast requesting annexation. Council Member Osborne agreed. Council Member Hènderson stated staff will be coming forward with potential boundaries for spheres of influences, 'and the property owners to the southeast who have made inquires, have been notified to send a letter to LAFCO expressing their interest. * * * * * * * * * * Mayor Adolph commended the Community Services Department for Saturday's concert. He also indicated he has requested a report back on Mr. Broido's letter contained in the Public Works Department Report. . MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Henderson referenced a letter from Steven DeLateur, of McDermott & DeLateur, regarding Travertine's request for her to assist them in resolving some issues. She recommended Council Member Sniff also be involved. Council Member Sniff agreed to participate if the meeting doesn't conflict with his other meeting commitments. Council concurred. * * * * * * * * * * * Mayor Adolph stated he has received an inquiry about the potential for gated communities to take over the street maintenance responsibilities in their gated areas. It was would be similar to forming an assessment district that the people who live there would pay for the cost in their tax payments. Council Member Henderson stated she feels it would be a Proposition 218 issue. Council Member Perkins stated he feels it would be a big problem. Mayor Adolph agreed, and stated he would relay the information. * * * * * * * * * City Council Minutes 26 April 19, 2005 Mayor Adolph suggested hydro-seeding the undeveloped area at SilverRock to reduce the dust problem. In response to Council Member Henderson, City Manager Genovese confirmed that is one of the ways being considered. * * * * * * * * * Council Member Osborne requested a status report on the condition of Avenue 58, and City Manager Genovese stated a report will come back to Council. Council Member Henderson suggested checking on the process used on Madison Street, and stated sherecalls Avenue 58 being a two-phase issue. * * * * * * * * * Council Member Osborne requested staff keep an eye on the issue of the road elevation behind the Bella Vista Homes, and to come back with any issues that need to be addressed by Council. City Manager Genovese stated he met with the School District on this issue because there seems to be some confusion as to who should approve the road grades. The City shut down the work because the School District didn't have a permit. He noted, however, that the grade differences in that area are difficult to work with, and it may become more of a compatibility issue. He stated staff will continue to work with them and keep the Council informed. Mayor Adolph asked if the School District is allowed to build the road beyond their boundaries. Mr. Genovese stated the City would normally allow that but a permit is required. Mayor Adolph noted this is part of the new single family development in front of the commercial zone, and he understood that is where the major problem exists. He doesn't feel the School District should be allowed to put in the road in spite of the City concerns. Mr. Genovese stated that is why the City did not give them a permit. However, it would benefit everyone if the School District puts in the street because it provides a connection to Washington Street. He noted the street elevation is going to be at a certain height regardless. _____._ ____m __.._ _ __ --- --..-..- -- --- City Council Minutes 27 April 1 9, 2005 City Attorney Jenson clarified the City doesn't have jurisdiction over School District buildings but it does over any public roadways. Mr. Genovese noted whatever is built there will be looking down on the Bella Vista homes, and confirmed there are drainage issues involved with the elevations. 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 Government Code (Brown Act). ADJOURNMENT There being no further business the meeting was adjourned. Respectfully submitted, ~~.~ ,JUNE S. GREEK, City Clerk City of La Quinta, California