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2005 09 20 CC Minutes LA GUINTA CITY COUNCIL MINUTES SEPTEMBER 20,2005 A regular meeting of the La Guinta City Council was called to order at the hour of 2:00 p.m. by Mayor Adolph. PRESENT: ABSENT: Council Members Henderson, Osborne, Sniff, Mayor Adolph Council Member Perkins MOTION - It was moved by Council Members Sniff/Henderson to excuse Council Member Perkins. Motion carried unanimously. PUBLIC COMMENT - None CLOSED SESSION - None Council recessed to the Redevelopment Agency to and until the hour of 3:00 p.m. 3:00 P.M. Mayor Adolph led the audience in the Pledge of Allegiance. PUBLIC COMMENT - None CONFIRMATION OF AGENDA City Manager Genovese advised of the need to add an item to the agenda entitled, "Consideration to Approve a Finance Agreement Between the City of La Guinta and the Redevelopment Agency for Drainage Improvements at SilverRock Resort." City Attorney Jenson noted the following two findings are necessary in order to add the item to the agenda: 1) the item came up after posting of the agenda; and action on the item is needed before the next regular meeting of the City Council. Public Works Director Jonasson explained the contractor's proposal for drainage improvements at the golf course was not received until late Friday afternoon, and the improvements need to be done prior to reseeding of the grass. City Council Minutes 2 September 20, 2005 MOTION - It was moved by Council Members Henderson/Osborne to add an item to the agenda entitled, "Consideration to Approve a Finance Agreement Between the City of La Guinta and the Redevelopment Agency for Drainage Improvements at SilverRock Resort," based on the findings that the item came up after posting of the agenda and action is needed before the next regular City Council meeting. In response to Council Member Sniff, Mr. Jonasson stated the prices are still under negotiation but the total amount will not exceed $273,000. Council Member Sniff expressed annoyance about the staff report not being distributed to the City Council prior to the meeting. Mr. Genovese explained there wasn't sufficient time to prepare the staff report and distribute it to Council earlier. Council Member Sniff indicated he would reluctantly support the motion. Motion carried with Council Member Perkins ABSENT. ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of September 6, 2005, as submitted. Motion carried with Board Member Perkins ABSENT. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED SEPTEMBER 20, 2005. 2. TREASURER'S REPORT FOR THE PERIOD ENDING JUNE 30, AND JULY 31, 2005. City Council Minutes 3 September 20, 2005 3. TRANSMITTAL OF REVENUE & EXPENDITURE REPORTS FOR THE PERIOD ENDING JUNE 30, AND JULY 31, 2005. 4. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT TO COMPLETE THE PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE FOR THE LA QUINTA MUSEUM EXPANSION, PROJECT NO. 2000-10. 5. APPROVAL TO AWARD A CONTRACT FOR THE PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. LMC 2005-09. 6. APPROVAL TO AWARD A CONTRACT FOR THE CITYWIDE LANDSCAPE MAINTENANCE SERVICES, PROJECT NO. LMC 2005-08. 7 . APPROVAL OF THE FOURTH AMENDMENT TO THE AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE. 8. APPROVAL TO AWARD A CONTRACT TO CONSTRUCT THE MADISON STREET PAVEMENT REHABILITATION (AVENUE 54 TO AIRPORT BOULEVARD), PROJECT NO. 2003-07C. 9. APPROVAL TO AWARD A CONTRACT TO D/A PACIFIC INC. TO DESIGN AND INSTALL SECURITY CAMERA SYSTEMS AT THE FRITZ BURNS PARK AND THE LA QUINT A PARK. 10. DENIAL OF CLAIM FOR DAMAGES FILED BY CORA CONSTRUCTORS - DATE OF LOSS: MARCH 21, 2005. 11 . ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 31874-2, CARMELA, TAYLOR WOODROW HOMES, INC. (RESOLUTION NO. 2005-070) 12. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32070, CODORNIZ, R.J.T. HOMES - CODORNIZ, LLC. (RESOLUTION NO. 2005-071) MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended wïth Item Nos. 11 and 12 being approved by RESOLUTION NOS. 2005-070 through 2005-071 respectively. In reference to Item No.4, Council Member Henderson expressed appreciation for the La Guinta Museum project moving forward. She also City Council Minutes 4 September 20, 2005 indicated she is pleased to see Items 5 and 6 (Park and Landscape Maintenance and Citywide Landscape Maintenance) come back as separate contracts. Council Member Osborne referenced Item No.2, and noted the City's rate of return continues to be below the six-month benchmark. He commented on the City potentially missing out on approximately $500,000 in investment revenues, and stated he looks forward to the Investment Advisory Board's recommendations on an investment manager. He also referenced Item No.7, and asked what law enforcement changes will take place in the Cove. Police Chief Meyer responded the increased funding will provide for bike patrol in the Cove, as well as implementation of a Citizens on Patrol (COPS) program. Council Member Sniff referenced recent incidents on the Bear Creek Bike Path, and suggested that might be a good place touse,the bike patrol. Chief Meyer indicated the bike patrol will be used a lot at night. He explained a number of crime activities take place after dark, and regular patrol is hindered by the lack of street lights in the Cove. He noted the bike patrols are able to safely refrain from using their headlights in order to catch perpetrators in action. In reference to Item No.8, Council Member Osborne stated he continues to be frustrated with the difference in the engineer's estimates and actual costs. Motion carried with Board Member Perkins ABSENT. BUSINESS SESSION 1 . CONSIDERATION OF A DONATION TO A CHARITABLE ORGANIZATION PROVIDING ASSISTANCE TO HURRICANE KATRINA VICTIMS. City Manager Genovese presented the staff report. Council Member Sniff spoke in support of a modest donation now and reviewing the need again later on. As for Ms. Canale's suggestion at the last meeting to adopt a family, he voiced liability concerns. City Council Minutes 5 September 20, 2005 City Attorney Jenson advised the suggestion made by Ms. Canale would not be a gift of public funds. As for liability, that could be an issue if the City was proved negligent. Council Member Sniff suggested making a donation between $2,500 and $5,000 to both the American Red Cross and the Salvation Army. Council Member Henderson stated she understands Riverside County has received 1,250 evacuees from the disaster-stricken area, and have contributed $250,000 to the local American Red Cross to help those people get started and to help the local agency. She indicated she would support Council Member Sniff's proposal but suggested keeping the contributions with the local agencies. If the amount had been more, she had intended to propose La Guinta be the first City with a funding level to help solve the communication problem in the disaster area. As for Ms. Canale's suggestion, she feels it would be best handled through the non-profit sector. Council Member Osborne stated he would support a $2,500 contribution to each of the two local agencies to help the victims here but would also like to contribute $5,000 to the USA Freedom Corps to help the victims in the Gulf. Mayor Adolph agreed, and noted Past Presidents Clinton and Bush have discussed the need to monitor that fund to ensure the money goes to the people who need it and doesn't get filtered through a bureaucratic stream. Council Member Henderson stated she understands the Berger Foundation has pledged to match all local contributions to the USA Freedom Corps. MOTION - It was moved by Council Members Sniff/Osborne to: 1) approve a donation of $2,500 to the local American Red Cross and $2,500 to the local Salvation Army and $5,000 to the USA Freedom Corps from the General Fund Reserves to provide assistance to Hurricane Katrina victims; and 2) direct staff to place this item on the November agenda for further consideration. Council Member Henderson stated she felt there might be more information available in January. Council Member Sniff noted no action has to be taken in November but it will provide an opportunity to look at it again. Motion carried with Board Member Perkins ABSENT. City Council Minutes 6 September 20, 2005 2. CONSIDERATION OF SELECTION OF A REPRESENTATIVE TO THE CHAMBER OF COMMERCE WORKSHOP/INFORMATION EXCHANGE COMMITTEE. There were no changes to the staff report as submitted and on file in the City Clerk's Office. Council Member Sniff asked if the Council feels there is value in· continuing the Committee. Council Member Osborne spoke in support of continuing the Committee because the Chamber has a new executive director and some big changes coming up. Council concurred. MOTION - It was moved by Council Members Sniff/Henderson to appoint Council Member Osborne to serve on three consecutive meetings of the Chamber of Commerce Workshop/Information Exchange Committee. Motion carried with Board Member Perkins ABSENT. 3. CONSIDERATION OF ADOPTION OF A RESOLUTION AMENDING GOLF COURSE RATES FOR SilverRock RESORT. Public Works Director Jonasson presented the staff report. In response to Council Member Henderson, Mr. Jonasson stated the student rate is for 17 years old and under, and he doesn't believe there is a minimum age. In response to Mayor Adolph, Mr. Jonasson confirmed staff has contacted the La Guinta High School golf team about using the golf course, and they have conceptually agreed to a joint use. He explained the high school dance room would be used by the Community Services Department for dance classes in exchange for the golf team's use of the golf course. In response to Council Member Sniff, Mr. Jonasson stated he doesn't anticipate coming back with any rate changes in the near future. Council Member Sniff suggested considering a reduced rate for business owners, and putting it on the agenda in October. --......---'.------- --- - r City Council Minutes 7 September 20, 2005 City Manager Genovese indicated staff will place it on the agenda as soon as possible, based on the current work load. Council Member Osborne pointed out the Council Members market the City in various ways, and suggested both current and future Council Members be given free golf. Council Member Henderson stated she doesn't have a problem looking at it but feels it's a dangerous place to go. RESOLUTION NO. 2005-072 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING THE GOLF COURSE RATE SCHEDULE AS ADOPTED IN RESOLUTION NO. 2005-033. It was moved by Council Members Sniff/Osborne to adopt Resolution No. 2005-072 as submitted. Motion carried with Board Member Perkins ABSENT. 4. CONSIDERATION OF A STREET NAME CHANGE FOR AVENUE 52 BETWEEN THE CITY LIMITS ON THE EAST AND A VENIDA BERMUDAS ON THE WEST TO IDENTIFY THE SilverRock RESORT. Community Development Director Evans presented the staff report. Council Member Osborne noted the proposed street name change would result in three different names for the street: Avenue 52 east of Madison Street, SilverRock between Madison Street and Avenida Bermudas, and Calle Sinaloa west of Avenida Bermudas. Council Member Henderson suggested renaming the portion west of Avenida Bermudas if multiple names is a concern. She suggested the possibility of sometime in the future, asking the other jurisdictions to rename their section of Avenue 52. Jim Walsh, 68-864 Calle Santa Fe, Cathedral City, suggested Avenue 52 be renamed after Arnold Palmer. Council Member Sniff spoke in opposition of renaming streets after celebrities, and stated he doesn't feel it's a good idea to rename streets that extend into other jurisdictions. City Council Minutes 8 September 20, 2005 Council Member Osborne noted this issue was brought up before, including renaming the street after Arnold Palmer. He stated he supports letting the public give their comments on the issue. Council Member Henderson stated she has previously supported the City's position on renaming streets after individuals because of the complexities involved but noted the renaming of Avenue 44 to Fred Waring Drive has worked. She feels in this situation the City would be taking advantage of an opportunity to identify the location of a project with significant financial commitment and return for the City, and believes the issue deserves a public hearing. Mayor Adolph noted there is already a street named after Arnold Palmer in PGA West but he would probably support renaming Avenue 52 after Arnold Palmer before he would support renaming it SilverRock. He indicated he is not opposed to doing a survey to see how residents feel about changing the name but he's not totally supportive of it. Council Member Sniff suggested mailing a survey to residents to see if they support renaming the street. Council Member Henderson stated she would not support a mailing because of the cost. Mayor Adolph agreed. Council Member Osborne stated he supports sending this to the Planning Commission to initiate the process. A brief discussion ensued as to what name would be used in renaming the street, with SilverRock Way, SilverRock Boulevard, and Arnold Palmer Boulevard all being mentioned. Council Member Henderson noted the idea behind the renaming proposal was to get the name "SilverRock" more into the public arena. MOTION - It was moved by Council Members Osborne/Sniff to direct staff to initiate the process through the Planning Commission to rename Avenue 52 to either SilverRock Boulevard or Arnold Palmer Boulevard. Council Member Osborne indicated the final decision on renaming the street will be made by the Council. Motion carried with Board Member Perkins ABSENT. City Council Minutes 9 September 20, 2005 5. CONSIDERATION OF A FINANCE AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE REDEVELOPMENT AGENCY FOR DRAINAGE IMPROVEMENTS AT SilverRock RESORT. Public Works Director Jonasson presented the staff report. In response to Council Member Osborne, Mr. Jonasson confirmed the engineer's estimate was $440,210, and the contract amount proposed by Landscapes Unlimited is $713,210. He noted an emergency contract was authorized in July because there was not enough time to go through a competitive bid process, and Landscapes Unlimited is currently doing the drainage improvements in the native restoration area. Council Member Osborne asked if there is insufficient funding within the Redevelopment Agency to do this. City Manager Genovese responded the Agency funding is earmarked for other items. He noted a loan through the General Fund Reserves will generate additional interest. Council Member Sniff commented on the number of additional money requests that have been màde for this project, and not knowing if this will fix the problem. He'suggested taking a hard look at this because the costs keep mounting, and the engineer's estimates may still be wrong. Mr. Jonasson noted the storm drainage project on Avenue 52 will handle most of the drainage problem, and these drainage improvements in the native areas will make the golf course more playable. He confirmed there is no way to know how good these improvements will be until the next big storm hits because it will handle runoff from the mountains and transfer it to the lake system. He stated the drainage improvements are designed to handle a 10-year storm. Mayor Adolph stated he also has concerns about the spending and wrong estimates but feels it's important to do these improvements to avoid damages again this year. He inquired about the timeframe to complete the improvements, to which Mr. Jonasson responded, "six to eight weeks." Council Member Sniff questioned this being a solution, and indicated he feels it's a waste of money if it will only accommodate a 10-year storm. Council Member Henderson noted these improvements would have been paid for if included in the original work. She also referenced her recent recommendation for future estimates to include a signed document from the City Council Minutes 10 September 20, 2005 consultants verifying the pricing is within the past 10 days to help address the issue of the estimates being off. Council Member Osborne pointed out these improvements are coming before the Council with a pressured timeline but the storm damage was done in February. MOTION - It was moved by Council Member Henderson and Mayor Adolph to approve a Finance Agreement between the City of La Guinta and the Redevelopment Agency for a loan of $273,000 from General Fund Reserves to the SilverRock Resort Construction Account 401-1723-551 .45-01 for the construction of SilverRock Resort Golf Course Grading and Drainage Improvements, Project No. 2002-07L. Motion carried with Council Member Perkins ABSENT. STUDY SESSION 1. DISCUSSION REGARDING THE RELINQUISHMENT OF HIGHWAY 111. Mayor Adolph noted the staff report indicates this item will be continued to October 4, 2005. DEPARTMENT REPORTS 1-B. REPORT REGARDING STATUS OF PALM ROYALE (STREET IMPROVEMENTS AND RETENTION BASIN). City Manager Genovese reported he is still working with the School District on the specifics of the grade and drainage of their project, which may require a swale and retaining wall. He noted those issues need to be determined before an ultimate solution can be found. He recommended the drawing received today from Mr. Arthur be taken into account, and that staff continue to work with the School District and the residents. Upon the advice of the City Attorney, Council Member Osborne excused himself from participating in the discussion and left the dais due to a potential conflict of interest. Council Member Henderson stated her discussions with a few of the School Board Members seem to indicate they are open-minded about finding a solution. City Council Minutes 11 September 20, 2005 Ian Rhodes, 43-905 Milan Court, stated his lot is the closest to the street and needs a higher wall because the existing block wall is less than three feet high on the road side of the wall. Scott Arthrur, 43-845 Milan Court, stated the residents feel the drawing he submitted addresses their safety and privacy concerns. They propose a guard rail at the corner of Rome and Palm Royale to protect the existing wall, and raising the height of the corner lot block wall for privacy. They also propose a six-foot block wall between the guard rail and the wrought-iron fence at the school. In response to Mayor Adolph, Mr. Genovese confirmed the School District is proposing a wrought-iron fence around the retention basin but nothing south of that, and indicated they have a grade problem that they are working on. Mayor Adolph commented on doing whatever is necessary to . provide protection to the residents. He suggested using a reinforced monument sign for the new school or the Bella Vista development to serve as a barrier to the block wall at the corner, and inquired about the landscaping. Mr. Genovese stated the City will look at the landscaping to make sure it's aesthetically pleasing. Mayor Adolph spoke in support of making sure the residents' needs are met in this situation. Mr. Arthur indicated the residents have not proposed a solid obstruction at the corner because they were concerned it would obstruct views for vehicles. Council Member Sniff spoke in support of resolving this issue with something that is functional and attractive. Council Member Henderson noted staff can't propose a final solution until all of the challenges are known. In response to Mayor Adolph, Mr. Jonasson stated he believes the timeframe for completing the school project is next Fall. City Council Minutes 12 September 20, 2005 1-D. DISCUSSION REGARDING A LEFT-TURN POCKET ON WASHINGTON STREET AT TUCSON CIRCLE. City Manager Genovese distributed some information regarding action taken by the Palm Desert City Council to retain the northbound, left-turn movement onto Washington Street from Tucson Circle. He noted this action was taken even though the city engineers for Palm Desert, La Guinta, and the School District agreed it's a poor traffic movement due to safety and sight-distance issues. He pointed out La Guinta has already signed off on the school plans, which includes the Washington Street design plan. He indicated he has related the City's liability and safety concerns to the City of Palm Desert, and that this update is being provided to make sure the Council is aware of the issue. In response to Council Member Henderson, Mr. Genovese stated he doubts that the design engineer for the School District will approve the modifications requested by the Palm Desert City Council. Council concurred to take up Department Report 5-A at this time. 5-A. REPORT REGARDING AN UPDATE ON THE SPHERE OF INFLUENCE PROCESS. Community Development Director Evans presented a brief update on the sphere of influence process, and noted the City of Coachella has requested that a majority of La Guinta's Planning Areas 1 and 2 be included in Coachella's sphere of influence. He recommended the sphere of influence process be placed on the October 4, 2005 agenda as a business item in order to provide staff with direction to make a recommendation to LAFCO. Council Member Osborne requested the Coachella City Council meeting minutes be included in the October 4th staff report. In response to Council Member Henderson, Mr. Evans stated the Draft Fiscal Impact Report for the Enclave project on Avenue 62 should be completed by the October 4th meeting. He confirmed a change in the City's sphere of influence would not have a direct financial impact but would put the City in a position to look at annexations. Mayor Adolph inquired about the status of the 85 property owners who wrote letters to La Guinta regarding potential annexation into the City of La Guinta. City Council Minutes 13 September 20, 2005 Mr. Evans stated a number of them have expressed interest in annexation but no applications for annexation have been filed, and staff feels the sphere of influence process should be completed first. Council Member Sniff spoke in support of placing this on the next Council agenda, and commented on the need for a meeting of the ad-hoc committee at an early date. In response to Council Member Henderson, Mr. Evans reported staff has attended but not participated in at least two meetings this summer, of the Vista Santa Rosa group. Ellen Lloyd Trover, 82-150 Avenue 54, Vista Santa Rosa, indicated LAFCO representative Wayne Fowler will be attending their next meeting, and she understands he is arranging for city representatives to attend to help the property owners come to a consensus. She asked for clarification regarding the area east of Monroe Street and north of Avenue 54 not being included in Coachella's requested sphere of influence. In reviewing the area, Mr. Evans indicated he may have misread the map, and will look into it. Gayle Cady, 82-831 Avenue 54, Vista Santa Rosa, requested an opportunity for Vista Santa Rosa residents to either attend the ad-hoc committee meetings between the cities or to receive minutes of the meetings so the residents are aware of what is being discussed. Council Member Henderson stated she would support notifying the residents of the meeting time if Coachella doesn't have a problem with it. She believes LAFCO would support it. Council Member Sniff stated he feels it would be confusing for anyone other than the ad-hoc committee members to speak at the meeting because it's a discussion between the two cities at this time. 1-C. REPORT REGARDING A COACHELLA VALLEY MULTI-SPECIES HABITAT CONSERVATION PLAN (CVMSHCP) JOINT POWERS AGREEMENT. City Manager Genovese presented a brief overview of the discussion regarding the JPA at the last CV AG Technical Advisory Committee (T AC) meeting. City Council Minutes 14 September 20, 2005 Council Member Sniff reviewed the discussions about the JPA held at the CV AG Energy & Environmental Resources Committee, and stated he feels the JPA is being pushed through without addressing some legal questions. He stated he has a number of concerns on the policy side of the issue. City Attorney Jenson reported the T AC approval included direction for the CV AG attorney, at the attorney's discretion, to try to incorporate the comments submitted by La Guinta's City Attorney. She has asked the other city attorneys to review the comments and let CVAG's attorney know if they agree. One of her concerns is the implication of a pre-commitment to the plan, which is not supposed to be done before the environmental review is completed, and which the City still has issues with. She doesn't see anything wrong with forming a JPA in anticipation of an approved plan but noted the agreement is not written that way. Another concern is the lack of clear allocation of land-use decision responsibility when projects in a conservation area come before the City and must be reviewed by the commission. She indicated verbal assurances have been made that the City would make the final decision in such cases but the language in the agreement is muddled, and she views it as a very fatal flaw. Another issue is ongoing liability, and the failure to spell out a procedure for withdrawing from the JPA. She noted the CV AG attorney is on vacation, and will not be available to make revisions before the agreement goes to the Executive Committee. In response to Council Member Henderson, Ms. Jenson stated she believes a reference on Page 23 of the agreement is meant to cover lawsuits that may exist prior to withdrawal. Mr. Evans noted all of the cities, except Palm Springs, have to approve the plan, the implementation agreement, and the JPA or there will be no plan, and the plan is not scheduled to be approved by the Executive Committee until December. Council recessed to and until 7 :00 P.M. 7:00 P.M. City Council Minutes 15 September 20, 2005 PUBLIC COMMENT Jeffrey Kohfeld, 80-060 Vista Grande, Michael Livingston, 80-865 Vista Grande, Ira Boiko, 44-750 Seeley Drive, and Lori Fahwestock, 80-065 Vista Grande, all spoke regarding the removal of a gate separating their neighborhood from the Indian Springs Apartments and how it has impacted their neighborhood. They understand from the City of Indio that the emergency exit gate was removed because of the Jefferson Street widening project but will not be replaced when the project is done. They have concerns about excessive parking on their street, an increase in crime incidents, and unsafe traffic. In response to Mayor Adolph, Public Works Director Jonasson stated the emergency gate was removed to allow access for the apartments during the Jefferson Street construction but he understands from the City of Indio that it will be re-installed. Mayor Adolph commented that the City of Indio has jurisdiction in this matter but requested staff follow-up on it. Mr. Jonasson noted Vista Grande IS a public street but Code Enforcement can follow-up on any parking violations. * * * * * * * * * * * Susan Albert, of Lake La Guinta, voiced concern about the new Mazda dealer having an exit on Adams Street. She understood from the Planning Commission meeting that it would not be allowed but it still shows on the plans. She also expressed disappointment with the purple and yellow color of the building and the aesthetics of other projects the City has allowed such as Omri & Boni's and the medical building under construction on Caleo Bay. She questioned how the developer can change the plans after they have been approved, and why the residents' concerns are not addressed. Mayor Adolph explained the City Council will decide whether or not to approve the developer's request during the public hearing. Community Development Director Evans confirmed the Site Development Permit for the Mazda dealership was approved by the Planning Commission several months ago, and is a more contemporary design with yellow and green colors. The driveway issue, he explained, is a request by Stamko in the specific plan scheduled for a public hearing this evening, and the Planning Commission has recommended approval of the driveway. City Council Minutes 16 September 20, 2005 Ms. Albert questioned the Mazda building fitting into the City's architecture, and asked why the City Council doesn't protect the citizens by making sure things like this don't happen. * * * * * * * * * * * Mayor Adolph stated since the public hearing item is to be continued, Mayor and Council Members' Item No.1 will be taken up at this time. MAYOR AND COUNCIL MEMBERS' ITEMS 1 . DISCUSSION REGARDING FUTURE CONSTRUCTION ON CALEO BAY. Mayor Adolph stated a number of people have contacted him to voice their objections to the medical building under construction on Caleo Bay. He noted if the approval by the Planning Commission had been appealed, the project would have come before the City Council for a final decision but otherwise the Council does not get an opportunity to review such projects. He requested Council consider changing the City Code to allow them greater over-sight on large projects such as this in the future. Council Member Sniff spoke in support of modifying the procedures so the Council has automatic review of major projects. Council Member Osborne agreed there is a weakness in the current policy, and that the Council should review larger projects. Council Member Henderson stated she supports putting a business item on a future agenda to consider changing the procedure but noted the Council has the power to call up any Planning Commission decision. She added she wasn't aware of any potential controversy with this project. Mayor Adolph stated he feels this project would have been okay on Highway 111 but the Code doesn't differentiate when it's built next to a residential development. City Attorney Jenson stated this can be brought back in a study session or go straight to the Planning Commission as a public hearing to allow public input. Community Development Director Evans recommended having a study session before it goes to the Planning Commission. Council concurred. City Council Minutes 17 September 20, 2005 Mayor Adolph asked if there are any other projects coming up in the area. Mr. Evans responded another medical office building of similar height on Caleo Bay has been approved by the Planning Commission. That project has a deeper setback and a different architectural design. Betty Frith, 47-760 Via Montana, Patricia Wyskocil, 47,985 Via Jardin, and Ben Rosker, (President of the Lake La Guinta Homeowners Association) 47-675 Via Montessa, all residents of Lake La Guinta, expressed the following concerns with the medical office currently under construction on Caleo Bay: insufficient setback from Caleo Bay; size and height of the building; and additional traffic due to the lack of driveways on Washington Street. They requested the traffic problem be addressed, and that Council make sure something like this doesn't happen again. They also submitted a petition asking that the construction be stopped. Mayor Adolph commented on the possibility of seeing if some of the traffic from the project can be moved from Caleo Bay by providing a driveway on Washington Street. City Attorney Jenson noted since the project has been approved, the developer has vested rights. However, the developer may be agreeable to a driveway on Washington, and there is nothing wrong with seeing if it can be safely accommodated. Council concurred with having staff look into the matter to see if anything can be done. PRESENTATIONS - None PUBLIC HEARINGS 1 . PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING: 1) AN ADDENDUM TO ENVIRONMENTAL ASSESSMENT 97- 337; AND 2) AMENDMENT NO.4 TO SPECIFIC PLAN 97-029, A REQUEST FOR A NEW DRIVEWAY ACCESS ON ADAMS STREET, A CHANGE OF THE INTERNAL CIRCULATION, AND RETENTION BASIN REDESIGN FOR THE PROPERTY LOCATED EAST OF ADAMS STREET AND SOUTH OF AUTO CENTRE DRIVE. APPLICANT: STAMKO DEVELOPMENT CO. Community Development Director Evans indicated the developer has requested a continuance to October 18, 2005. City Council Minutes 18 September 20, 2005 The Mayor declared the PUBLIC HEARING OPEN at 7:57 p.m. MOTION - It was moved by Council Members Henderson/Sniff to continue the public hearing for an application filed by Stamko Development Company for an addendum to Environmental Assessment 97-337 and Amendment No. 4 to Specific Plan 97-029, to October 18, 2005. Motion carried with Council Member Perkins ABSENT. REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson referenced a written report of the last meeting, and indicated she would have it distributed to Council. C. V. Mosquito & Vector Control District - City Manager Genovese agreed to inquire about an alternate for the District. League of California Cities - Council Member Henderson reported the State Board voted to take a neutral position on Proposition 76, which is the "Live Within Your Means" initiative, but the Riverside Division has voted unanimously to support it. Palm Springs Desert Resorts Convention & Visitors Authority - Council Member Henderson reported the HIBC has recommended against reorganization of the CV A. She further reported language in the by-laws will be clarified that four members of the HIBC sit on the Board as ex-official members with no voting power. Riverside County Transportation Commission - Council Member Henderson distributed copies of a newspaper article regarding the improvements on Highway 60 and State funding for other transportation projects. * * * * * * * * * * * * * All other reports were noted and filed. ADJOURNMENT There being no further business, it was moved by Council Members Osborne/Henderson to adjourn. Motion carried unanimously. Respectfully submitted, k 0 / B1=- -d. ~ JUNE S. GREEK, City Clerk City of La Guinta, California