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2005 11 15 CC Minutes LA QUINT A CITY COUNCIL MINUTES NOVEMBER 15, 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, 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 George Collins, 78-172 San Timoteo, requested the Council's assistance In expediting the issuance of permits for five modular units they are using at the La Quinta Country Club until the clubhouse building is reconstructed. Mayor Adolph stated he understands the Building & Safety Department has agreed to expedite the permits but need the plans to approve the underground infrastructure. * * * * * * * * * * * Pat Rossworn, 78-174 Calico Glen Drive, Bermuda Dunes, encouraged approval of Consent Item No.7. CLOSED SESSION 1. Conference with the City's real property negotiator, Doug Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real property located south of Auto Centre Drive, west of La Quinta Drive, and east of Adams Street (APNs 659-670-020, 021, 019, 018, 022, 017, 016, 015, 013, and 012). Property Owners/Negotiators: Stamko Development Company. 2. Conference with the City's real property negotiator, Thomas P. Genovese, 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 Tampico and Desert Club Drive. Property Owner/Negotiators: Santa Rosa Plaza, LLC and Embassy Suites La Quinta. (See Confirmation of Agenda for addition of this item. City Council Minutes 2 November 15, 2005 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. PUBLIC COMMENT Christine Murphy, representing Foundation for Retarded of the Desert, thanked the City for its prior support, and introduced Nicole Roeder, who read a statement regarding the need to educate Americans about the lives of disabled people. * * * * * * * * * * Ray Oden, 51-240 Avenida Herrera, encouraged the City to spearhead an effort to expand the Neighborhood Watch Program. * * * * * * * * * * Tracy Rutledge, 50-960 Calle Obispo, spoke regarding the fee charged to club teams that use the baseball fields. He indicated the information he received from neighboring cities and C.V. Recreation & Park District is different from what he received from City staff, and that the City of Palm Springs is the only local city on the list of cities contacted by staff. He voiced concern that some of the players may not be able to afford to play, and noted seven of them are from La Quinta. City Manager Genovese noted the fee is a result of a recommendation made by the Community Services Commission, and was approved by the City Council. Mayor Adolph requested Mr. Rutledge contact staff to work this out. * * * * * * * * * * Council Member Osborne stated he has a potential conflict of interest with the following issue and left the dais. Ian Rhoades, 43-905 Milan Court, and Scott Arthur, 43-845 Milan Court, asked for an update on the School District project as it relates to a wall along the neighboring properties. -- ----- _.- ----~.._.~ - --- -- --_..._~_._--- City Council Minutes 3 November 1 5, 2005 Mayor Adolph stated the City is waiting for information from the School District on the grading. City Manager Genovese indicated staff will contact the homeowners as soon as information is received. CONFIRMATION OF AGENDA City Manager Genovese requested an item be added to the agenda regarding acceptance of tickets for the Skins Game to be held at Trilogy La Quinta. City Attorney Jenson advised the request meets the required findings that the item came up after posting of the agenda and that action is needed before the next Council meeting. MOTION - It was moved by Council Members Sniff/Osborne to add an item to the agenda as Consent Item No. 10 for Adoption of a Resolution Accepting Passes to the Skins Game to be Held November 25-27, 2005 at Trilogy La Quinta, as the item arose after posting of the agenda and action is needed prior to the next City Council meeting. Motion carried with Council Member Perkins ABSENT. Council Member Sniff referenced a letter from Danny Brown that was received after posting of the agenda, and requested it be added to the Closed Session as action is needed before the next City Council meeting. MOTION - It was moved by Council Members Sniff/Osborne to add an item to the agenda as Closed Session Item No. 2 regarding Conference with the City's real property negotiator, Thomas P. Genovese, 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 Tampico and Desert Club Drive. Property Owner/Negotiators: Santa Rosa Plaza, LLC and Embassy Suites La Quinta, as the item arose after posting of the agenda and action is needed prior to the next City Council meeting. Motion carried with Council Member Perkins ABSENT. ANNOUNCEMENTS - None PRESENTATIONS Mark Weber and Guillermo Barraza, representing Imperial Irrigation District, gave a brief presentation on how the new Green Path Project is expected to address the Valley's growing energy needs. City Council Minutes 4 November 15, 2005 In response to Council Member Sniff, Mr. Weber indicated they are considering a solar power pilot program but noted the solar panels are very costly. In response to Council Member Osborne, Mr. Weber confirmed delivery of geothermal power will potentially require larger towers. Council Member Osborne voiced concern about the City not having any representation on the liD Board. Council Member Henderson noted there is an advisory committee but the City doesn't have an appointed representative at this time. In response to Council Member Osborne, Mr. Weber stated they are currently working with a developer to underground some electrical lines along Monroe Street. He urged the City to adopt a resolution in support of the Green Path Project. Council Member Henderson asked Mr. Weber to find out the status of having a City representative on the advisory committee. Mayor Adolph noted the cost of undergrounding power lines is more expensive now than when he suggested it be done 12 years ago. He voiced concern about the lines coming down during an earthquake. WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES MOTION - It was moved by Council Members Henderson/Osborne to approve the Joint City Council/Commission//Board Minutes of October 25, 2005, as submitted. Motion carried with Council Member Perkins ABSENT. MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of November 1, 2005, as submitted. Motion carried with Council Member Perkins ABSENT. CONSENT CALENDAR Council Member Osborne requested Item No. 9 be taken up separately due to a potential conflict of interest. 1. APPROVAL OF DEMAND REGISTER DATED NOVEMBER 15,2005. City Council Minutes 5 November 15, 2005 2. RECEIVE AND FILE TREASURER'S REPORT AS OF SEPTEMBER 30, 2005. 3. RECEIVE AND FILE REVENUE AND EXPENDITURES REPORT DATED SEPTEMBER 30, 2005. 4. APPROVAL OF A REQUEST BY THE LOCAL AGENCY FORMATION COMMISSION (LAFCO) TO UTILIZE THE COUNCIL CHAMBERS FOR PUBLIC HEARINGS ON JANUARY 26, 2006, 8:00 A.M. TO 5:00 P.M. 5. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 30185, RANCHO LA QUINTA, TD DESERT DEVELOPMENT, LP. (RESOLUTION NO. 2005-087) 6. APPROVAL OF FISCAL YEAR 2005/2006 CITY OF LA QUINTA ARTS IN PUBLIC PLACES ANNUAL REPORT. 7. ADOPTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP FOR PARCEL MAP 32377, WILLIAM ROSSWORN, OWNER. (RESOLUTION NO. 2005-088) 8. APPROVAL OF CONTRACT AMENDMENT NO.1, BY AND BETWEEN THE CITY OF LA QUINT A AND TERRA NOVA PLANNING AND RESEARCH RELATED TO ENVIRONMENTAL AND PLANNING SERVICES FOR TENTATIVE TRACT MAP 33444, AND THE ASSOCIATED JEFFERSON STREET REALIGNMENT PROJECT. 9. ADOPTION OF A RESOLUTION ACCEPTING CASH DONATIONS FROM RUTAN AND TUCKER, ROSENOW SPEVACEK GROUP INC., AND NAI CONSULTING INC. FOR THE EMPLOYEE AWARDS BANQUET. (See separate action below.) 10. ADOPTION OF A RESOLUTION ACCEPTING PASSES TO THE SKINS GAME TO BE HELD NOVEMBER 25-27, 2005, AT TRILOGY LA QUINTA. (RESOLUTION NO. 2005-089) MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the addition of Item No.1 0 and the exception of Item No.9; and with Item Nos. 5, 7, and 10 being approved by RESOLUTION NOS. 2005-087 through 2005-089 respectively. Motion carried with Council Member Perkins ABSENT. City Council Minutes 6 November 1 5, 2005 Item No.9: MOTION - It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2005-090, accepting cash donations from Rutan and Tucker, Rosenow Spevacek Group Inc., and NAI Consulting, Inc. for the employee recognition banquet. Motion carried with Council Member Osborne ABSTAINING due to a potential conflict of interest and Council Member Perkins ABSENT. BUSINESS SESSION 1. CONSIDERATION OF A STREET NAME CHANGE FOR AVENUE 52 BETWEEN THE CITY LIMITS ON THE EAST AND CALLE SINALOA ON THE WEST. Community Development Director Evans presented the staff report. Council Member Henderson asked if any research has been done regarding the number of residents living on the existing Arnold Palmer street in PGA West, to which Mr. Evans responded, "No." Mayor Adolph noted there are a number of residents on the street, and it is the major entrance into the Palmer Golf Course. Ms. Henderson stated she previously suggested the name change to SilverRock to take advantage of an opportunity to get what she feels is "off- site signage" for the City's golf course project. She feels naming it after Arnold Palmer could result in complications because of the existing street in PGA West, and suggested sending a letter of explanation about the complexity to Mr. Palmer. She indicated she supports sending the name "SilverRock" back to the Planning Commission for consideration. Mayor Adolph voiced concern that it would be confusing for the Post Office and emergency services to have different names for the street. He stated he would probably support it if there was a way to change the name .for the entire length of the street. Council Member Henderson pointed out Calle Sinaloa is already different, and questioned anyone having difficulty recognizing where SilverRock is. Mayor Adolph asked if the name change had been discussed with neighboring jurisdictions, to which Mr. Evans responded, "No." City Council Minutes 7 November 15, 2005 Council Member Osborne stated he feels the name II Arnold Palmer Boulevard" would bring more recognition to the City and be good for tourism. Council Member Sniff stated he feels it's foolish to change the name of a multi-jurisdictional street, and questioned there being any basic dollar value in changing it to Arnold Palmer Boulevard. He indicated he would not support changing the name of the street. Council Member Henderson stated she will not support a name change because she doesn't feel it's a good idea to send two names back to the Planning Commission. MOTION - It was moved by Council Member Osborne to direct staff to initiate the process for a street name change for Avenue 52 between the City limits on the east and Calle Sinaloa on the west to Arnold Palmer Boulevard. Motion failed due to lack of a second. 2. CONSIDERATION OF MEMBERSHIP STATUS IN RELATION TO THE PALM SPRINGS DESERT RESORTS CONVENTION & VISITORS AUTHORITY. City Manager Genovese presented the staff report. Jeff Beckelman, CEO of Palm Springs Desert Resorts Convention & Visitors Authority, encouraged Council not to submit a notice of intent to withdraw. Council Member Osborne stated he believes Mr. Beckelman has some great ideas but is not sure how much control he will have in getting changes made. He feels some changes need to be made, and that the Council needs to do what it can to help those changes occur. He doesn't support just hoping for the best without having some manner of influence on it. Council Member Sniff stated he feels the cities should no longer subsidize the City of Palm Springs' tourism, and that all of the cities should be on an equal basis. He feels it's time to launch a new realistic CV A, and would like to apply a form of leverage, as the City of Palm Desert has done, to make sure the Board realizes that changes are absolutely necessary. He pointed out a notice of intent can be rescinded but would indicate a strong sense that the Council requires meaningful change on several issues. He believes Mr. Beckelman will make a sincere effort to improve things but that doesn't guarantee success. He understands the City's representative would still be allowed to vote on anything connected to the budget if a notice of intent is submitted. City Council Minutes 8 November 15, 2005 Council Member Henderson stated that issue was discussed at today's CVA meeting because most everything is connected to the budget. She stated a point of view was presented that the intent was to fashion it around the actual adoption of the budget and budget items, and not just anything that can be tied to the budget. The CV A attorney is going to research the issue but it will come down to being a policy decision. Council Member Sniff stated he feels the proper course of action is to submit a notice of intent, and that an action like the City of Palm Desert's will provide a sense of firm direction to encourage changes at the CV A. Council Member Henderson noted Mr. Beckelman was selected because the Board feels he is qualified to take CV A into the future and correct some of the problems of the past. She noted the issues of the business community having voting privileges and hiring a dedicated sales person for the Palm Springs Convention Center have already been removed from the table. She stated the Board is aware that there are other issues to discuss, and is anxious for the things Mr. Beckelman can bring to the CV A. They are anxious to support Mr. Beckelman but not for him to control the Board. She referenced a suggestion that he has asked the Board to think over and discuss it at the next meeting. She feels a letter of withdrawal sends a negative message instead of a positive one. The Board has expressed how significant they feel Palm Desert is to the CV A and how important it is for them to be a part of the organization. She doesn't feel adding another notice of intent is positive nor will accomplish what is already in motion. Mayor Adolph stated he is willing to give Mr. Beckelman a year to see what he can do, and agrees a notice of intent would send a negative message. Council Member Sniff noted if the' City doesn't exercise its leverage now, it will lose that opportunity for a year. He feels the Council needs to make an impression on the Board, and submit a notice of intent as the City of Palm Desert has done. Council Member Osborne stated he agrees with communicating the Council's concerns, and that the only way to accomplish that is to submit a notice of intent. Richard Oliphant, 45-500 Navajo Road, Indian Wells, noted the CV A Board is made up of representatives from eight cities and the County, and has dedicated a lot of time and effort to turn the organization around this summer. He stated Council Member Henderson has voiced La Ouinta's concerns to the Board, and noted if the City gives notice, it will take that --~-'------ City Council Minutes 9 November 15, 2005 opportunity away. He expects Palm Desert's action to be withdrawn shortly because of feedback from their members, and feels it would be a mistake for La Quinta to send a negative message when it's one of the most positive cities in the Valley. He urged the Council to send a positive message and not a negative one. Council Member Sniff stated he feels sending a notice of intent would be a positive message, and that the action is imperative to make CV A a better organization. He stated the purpose would be to make the CV A better, more effective, and more current with the times. MOTION - It was moved by Council Members Sniff/Osborne to initiate a withdrawal process as it relates to the Palm Springs Desert Resorts & Convention and Visitors Authority, and give notice of intent to withdraw. Motion failed due to a tie vote with Council Member Henderson and Mayor Adolph voting NO and Council Member Perkins ABSENT. City Attorney Jenson advised the Council's Rules and Procedures call for a tie vote to come back to the Council, therefore, once Council Member Perkins returns, this item will be agendized. It will, however, no longer be relevant since the timeframe for issuing a notice of intent will have passed. 3. CONSIDERATION OF HOSTING A CITY OF LA QUINTA/LA QUINTA ARTS FOUNDATION COMMUNITY CONCERT ON THE CIVIC CENTER CAMPUS. City Manager Genovese presented the staff report. In response to Council Member Osborne, Christi Salamone, representing the La Quinta Arts Foundation, reviewed some of the events that local entertainer Mike Costley and Friends has participated in. Council Member Sniff noted Andrea Gassman has resigned from the Cultural Arts Commission, and asked to be appointed to the Community Services Commission. He requested an item be placed on the next agenda to consider appointing her to the Community Services Commission. In response to Council Member Sniff, Mr. Genovese stated the event cleanup will be handled by the City, and that additional law enforcement has not been necessary at previous concerts. He indicated the intent is for the Rotary Club to fund the security costs and provide liability insurance related to the beer and wine sales. City Council Minutes 10 November 1 5, 2005 Council Member Henderson expressed excitement about hearing there will be a follow-up concert in April. Mayor Adolph voiced concern about the possibility of cold weather In February. Mr. Genovese indicated staff will have a contingency plan in case it rains. Council Member Sniff suggested the concert be from 2:00 to 4:30 p.m., and Mr. Genovese indicated the time will depend on the program. In response to Mayor Adolph, Ms. Salamone stated they have discussed the possibility of local restaurants providing picnic lunches but noted the proposed schedule will also allow people to visit the local restaurants before or after the event. MOTION - It was moved by Council Members Sniff/Osborne to approve a community concert on the Civic Center Campus as a partnership between the City of La Ouinta and the La Ouinta Arts Foundation, and approve the proposed list of participating civic/non-profit organizations. Motion carried with Council Member Perkins ABSENT. 4. CONSIDERATION OF AN AGREEMENT WITH THE FOUNDATION FOR CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO AND CALIFORNIA STATE UNIVERSITY, SAN BERNARDINO. City Manager Genovese presented the staff report. In response to Council Member Sniff, City Attorney Jenson confirmed the proposed agreement covers the entire $1 million amount approved in the budget. Council Member Sniff stated he would prefer dealing with it in annual increments. Council Member Henderson inquired about the early repayments from the State. Finance Director Falconer stated the VLF Shift repayment of approximately $512,000 was due in August 2006 but received in 2005. Also received was a repayment of TEETER taxes of approximately $100,000 in General Fund money and $3.5 million in Redevelopment Agency money. He noted, however, redevelopment monies cannot be used for this agreement. He City Council Minutes 11 November 1 5, 2005 confirmed the City received $4 million more In tax money than what was budgeted last year. In response to Council Member Sniff, Mr. Falconer confirmed he cannot guarantee the same conditions will prevail next year, and explained the redevelopment money has not been used to repay the General Fund loans because of the interest being earned on the loans. It's somewhat of a "balancing act" between the interest being earned versus the ability of the Redevelopment Agency to ultimately repay the General Fund loans. He noted the compounded interest could increase to an amount where there wouldn't be sufficient funds to repay the General Fund. In response to Mayor Adolph, Mr. Genovese explained the Council's budget approval included $1 million for this contract. Council Member Sniff noted the money was allocated but not authorized to be spent. Council Member Osborne stated he feels the $1 million represents an investment in the community. He commented on the rising housing costs, and the need to provide a higher-educated workforce, health services, and higher education as a whole to guarantee the future success of the City. He noted the presence of a four-year university in the Valley provides local students an opportunity to earn their degree and apply their profession locally. He realizes the City has never done something like this before outside of its City limits but believes it is the City's responsibility to help provide this education and opportunity to its citizens. MOTION - It was moved by Council Members Henderson/Osborne to approve an agreement with the Foundation for California State University, San Bernardino and California State University, San Bernardino, and authorize the Mayor to execute the contract. Council Member Henderson stated she previously requested a delay on this until it was known what kind of funding would be received but is pleased that the City has received early repayments from the State. She noted the allocated funds will be paid in four annual payments. She indicated she will support this but is somewhat hesitant because it gets government into areas that she is uncomfortable being in. She added she will look carefully at any future requests that may be made. Mayor Adolph stated he is very optimistic, and doesn't see the City going anywhere but up. He has no negative thoughts in supporting this, and agrees the City should be a part of the university. City Council Minutes 12 November 1 5, 2005 Council Member Sniff voiced concern about trying to predict the future, and commented on the nation facing some significant uncertainty in the future. He indicated he has difficulty supporting this. He isn't concerned about giving the $1 million but feels it should be done on an annual review basis instead of guaranteeing payment. Motion carried with Council Member Sniff voting NO and Council Member Perkins ABSENT. 5. CONSIDERATION OF A CITY COUNCIL RETREAT. City Manager Genovese presented the staff report. Council Member Osborne stated he believes a Council retreat would provide more time for the Council to discuss their goals in detail. He supports hiring a facilitator to keep the discussions on track, and doing a survey to find out how residents feel about various issues such as the dark sky ordinance. He noted the survey results could be brought back to the workshop for discussion. Council Member Henderson commented on the timing of a retreat as it relates to the budget, and suggested planning it for next year. Council Member Osborne stated he hates to see it pushed to the future and not get done. He would like to get input from the departments as to how the various issues affect them, and noted that, and the survey information, will require more time for discussion. Council Member Henderson stated she will not support sending out a survey because of the cost of mailing and limited responses received in the past but would support putting it on the City's website and making it available at the library, Senior Center, and Chamber of Commerce. Council Member Osborne suggested the survey be included with the quarterly newsletter instead of mailing it. Council Member Henderson questioned there being enough time to get the five components done in time to adopt the budget. Mr. Genovese confirmed it would be a challenge getting the survey results in time for this year's goal setting. He suggested the possibility of announcing the workshop in the next newsletter and requesting feedback. He also "'---~--'" ... City Council Minutes 13 November 15, 2005 pointed out that a discussion of Council's Rules and Procedures is not part of the goal setting. Council Member Osborne agreed with doing the survey for next year. Mayor Adolph stated he would want to know what the topics are to make sure it's worthwhile. He stated it sounds more like a study session/workshop to reach a consensus on issues, and would like to know if Council would be limited on what it can discuss. Mr. Genovese stated this can be placed on an agenda In December to determine a time and date if Council wishes. Council Member Osborne stated he would like to have some discussion about how the Council stands on some of the issues that are dealt with on outside committees. Mr. Genovese confirmed that could be made a part of the workshop. Council Member Sniff questioned the value of past retreats and surveys, and suggested expanding the time the Council deals with the five-year plan to make it more meaningful. As for outside committees, he feels the current reporting process is fine, and isn't sure the Council can give firm direction to committee members on how to vote. He referenced the branding sessions for the SilverRock project, and stated he is not comfortable using a facilitator. Mayor Adolph suggested the possibility of holding a citizen's forum but noted they usually have low attendance, and it seems the residents are generally happy with what the Council is doing. In response to Council Member Osborne, Mr. Genovese stated the Council's last forma! retreat was held 14-15 years ago. Council Member Henderson questioned the need for a facilitator, and Council Member Osborne noted he/she would walk the Council through the various items of discussion. Council Member Sniff questioned the need to have a retreat, and a realistic expectation of a finished product. Mayor Adolph stated he might support a study session/workshop but would first have to know the topics of discussion. City Council Minutes 14 November 15, 2005 Council Member Osborne stated the first topic would be Council goals, and how they interact with the staff that has to work with them. Council concurred to direct the City Manager to organize a City Council workshop to discuss Council Goals and Council's Rules and Procedure. Council Member Henderson suggested the City Manager include a list of other potential items to discuss. Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT Ira Boiko, 44-750 Seeley Drive, inquired about the status of the Indian Springs Apartment gate on Vista Grande. He also asked if there would be any engineering changes related to the new traffic signal at Miles Avenue and Seeley Drive. City Manager Genovese stated staff is still awaiting a response from the City of Indio on the gate, and he is not aware of any engineering changes that would affect Seeley Drive. Lori Fahnestock, 80-065 Vista Grande, showed photographs of wall graffiti and vandalism to vehicles on Vista Grande that occurred after the last City Council meeting. She asked that something be done to hasten closing of the gate. Mr. Genovese indicated the City tries to remove graffiti within 24 hours, and the Police Department will respond to any law enforcement issues. PRESENTATIONS - None PUBLIC HEARINGS Council concurred to take up Public Hearing Item Nos. 4 and 5 at this time. 4. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER THE SALE OF REAL PROPERTY LOCATED AT 52-625 A VENIDA RUBIO BY AND BETWEEN THE LA QUINT A REDEVELOPMENT AGENCY AND ANGELA JUAREZ. City Council Minutes 15 November 15, 2005 Redevelopment Consultant Frank Spevacek presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7: 13 p.m. Speaking through a translator, Angela Juarez, 78-990 Miles Avenue, Space 88, expressed appreciation for the City's assistance in helping her family remain in La Quinta. Dino Flores, 45-545 Green Hills Court, Indio, also spoke through a translator, and thanked the City for helping over 90 families relocate from the Vista Dunes Mobile Home Park. He also expressed appreciation for the assistance provided by Mr. Spevacek and Mr. McMillan. There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:18 p.m. MOTION - It was moved by Council Members Henderson/Sniff to approve the sale of the single family home located at 52-625 Avenida Rubio to Angela Juarez for a purchase price of $165,000. Motion carried with Council Member Perkins ABSENT. 5. JOINT PUBLIC HEARING BETWEEN THE CITY COUNCIL AND REDEVELOPMENT AGENCY TO CONSIDER THE SALE OF REAL PROPERTY LOCATED AT 53-940 EISENHOWER DRIVE BY AND BETWEEN THE LA QUINT A REDEVELOPMENT AGENCY AND BRENDA DIEHL. Redevelopment Consultant Frank Spevacek presented the staff report. The Mayor declared the PUBLIC HEARING OPEN at 7:22 p.m. Brenda Diehl, 78-990 Miles Avenue, Space 48, expressed appreciation for the City's assistance in the relocation program and the opportunity to purchase this home. Bravio Gastelum, 78-990 Miles Avenue, Space 87, spoke through a translator, and thanked the City, Mr. Spevacek, and Mr. McMillan for their assistance in the relocation program. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:24 p.m. City Council Minutes 16 November 15, 2005 MOTION - It was moved by Council Members Henderson/Sniff to approve the sale of the single family home located at 53-940 Eisenhower Drive to Brenda Diehl for a purchase price of $165,000. Motion carried with Council Member Perkins ABSENT. 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO: 1) CERTIFY A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2005-537; AND 2) TENTATIVE TRACT MAP 33085, A REQUEST FOR APPROVAL OF A SUBDIVISION OF 7 LOTS ON 4.3 ± ACRES AT THE SOUTHWEST CORNER OF MADISON STREET AND BETH CIRCLE. APPLICANT: CORE HOMES. LLC. Mayor Adolph noted staff has requested this item be continued to December 6, 2005. The Mayor declared the PUBLIC HEARING OPEN at 7:26 p.m. MOTION - It was moved by Council Members Sniff/Henderson to continue the public hearing for an application filed by Core Homes, LLC for Tentative Tract Map 33085 until December 6, 2005. Motion carried with Council Member Perkins ABSENT. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO: 1) APPROVE SPECIFIC PLAN 2002-062, AMENDMENT NO. 1 FOR A NEIGHBORHOOD SHOPPING CENTER TO INCLUDE A SUPERMARKET, DRUG STORE, AND ADDITIONAL RETAIL WITH A MAXIMUM BUILDING HEIGHT OF 35 FEET, CHANGING THE SITE PLAN TO RELOCATE THE DRUG STORE SITE AND AMENDING CERTAIN DESIGN STANDARDS, INCLUDING THE REDUCTION OF CERTAIN LANDSCAPE SETBACKS FROM 15 TO 5 FEET ADJACENT TO MONTICELLO PARK; AND 2) APPROVE TENTATIVE PARCEL MAP 33908 TO SUBDIVIDE THE 10.6-ACRE SITE INTO SEVEN COMMERCIAL PARCELS FOR THE PROPERTY LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: REGENCY MARINITA-LA QUINTA LLC. Planning Consultant Nicole Criste presented the staff report. In response to Council Member Osborne, Ms. Criste reviewed how a combination of retaining wall and slope will address the grade differential along the rear of the property. She stated the truck turnaround area has been changed to a multi-point turnaround, which will keep delivery trucks -- - - _.._~._~_..~--_.- City Council Minutes 17 November 15, 2005 away from the adjacent residential development. She indicated the landscape plan will be submitted with the site development permit review. Council Member Sniff inquired about the hours of operation for Shops 1 and Pad C. Ms. Criste stated the allowed hours would be 6:00 a.m. to midnight. Mr. Sniff noted midnight may not fit if the rational is to limit noise for the adjacent residential development. He also inquired about the sub-surface water retention. Ms. Criste stated she does not know the capacity but the developer will have to demonstrate adequate percolation exiists to accommodate the flows. In response to Council Member Henderson, Ms. Criste confirmed the developer has letter of commitments from two banks to locate on the site. Council Member Henderson commented she feels the changes are a vast improvement, and asked if a study has been done related to the request to allow 24-hour operation. The Mayor declared the PUBLIC HEARING OPEN at 7:43 p.m. Paul Dubey, 14200 Culver, Suite S, Irvine, representing the applicant, stated the request for 24-hour operation is an effort to be proactive in accommodating the grocery and drug stores that want to be open 24 hours. He added they are willing to reduce the hours for Pad C and Shops 1. Jim Cary, 9017 Morning Glow Way, Sun Valley, project architect, reviewed architectural elements of the buildings and changes to the site plan, including relocation of the fueling station. In response to Council Member Osborne, Community Development Director Evans stated wheel stops in the parking areas would be addressed under the site development permit. Mr. Cary indicated he doesn't feel they are necessary. Council Member Sniff asked if the walkways would be shaded, and Mr. Cary stated most of the overhangs on the buildings will be 10-12 feet. Mayor Adolph asked if the project includes fast-food restaurants, and voiced concern about the close proximity of Pad C to Jefferson Street. Mr. Dubey stated the project does not include any fast-food restaurants. City Council Minutes 18 November 15, 2005 In regard to Pad C, Keith Gregori, of Dudek & Associates, noted the setback is within the City's development standard of 30 feet from right-of-way, which is 9 feet from the curb. Mayor Adolph commented he feels sometimes the City standards need to be tweaked. Mr. Evans noted the Council can establish a greater setback in the specific plan if they wish, and that the parking spaces next to the building can be eliminated without affecting the project's parking requirements. Mr. Gregori pointed out the wall for the adjacent residential development is 1 0 feet closer to the street than Pad C. Mayor Adolph commented on the adjacent wall being half as high as the building, and stated he still has a problem with the building being too close to the street. He requested something be done to enhance it. He also requested that the rear of the buildings be enhanced to keep them from looking like a massive amount of concrete, and that healthy landscaping be provided to buffer the perimeters next to the residential development. Mr. Dubey stated they are willing to provide a more-detailed design of the buildings under the site development permit. In response to Council Member Osborne, Mr. Gregori stated the parking spaces will be double-lined, and the above-ground and sub-surface retention areas are designed to hold a 100-year storm. Byron Woosley, 43-502 Torphin Hill Place, Indio, spoke in support of the project, and thanked the developer and staff for being sensitive to the concerns of the Heritage Palms residents across the street. There being no further requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8: 18 p.m. Council Member Henderson suggested specifying a greater setback for Pad C if that is what the Council wants instead of leaving it up to the developer to make enhancements. Mr. Evans noted taking out one row of parking or a walkway would make it possible to increase the setback 5-10 feet. He indicated he is confident the design team can fix the problem if the Council requests that they increase the setback and deal with the building mass and grading. ----- ...-- ..~-- --- City Councíl Minutes 19 November 15, 2005 Council concurred. RESOLUTION NO. 2005-091 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2002-062, AMENDMENT NO. 1 (REGENCY MARIN ITA-LA QUINTA, LLC.) It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2005-091 as amended (addressing the increased setback for Pad C). Mr. Evans asked if Council wished to reduce the hours of operation for Pad C and Shops 1, and Council Member Henderson noted the residential development appears to have accepted the project as-is. In response to Mayor Adolph, City Attorney Jenson advised the hours of operation can be addressed now under the specific plan or later under the site development permit. Mayor Adolph stated he prefers knowing who the tenants are before addressing that issue. Ms. Jenson recommended adding language that the hours of operation on the specific pads will be determined based on all of the factors considered under the site development permit. AMENDED MOTION It was moved by Council Members Henderson/Osborne to adopt Resolution No. 2005-091 as amended (adding language to address the increased setback for Pad C and the hours of operation for Pad C and Shops 1 to be based on factors considered under the site development permit). Motion carried with Council Member Perkins ABSENT. RESOLUTION NO. 2005-092 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE SUBDIVISION OF APPROXIMATELY 10.6 ACRES INTO SEVEN COMMERCIAL LOTS (REGENCY MARINIT A- LA QUINTA, LLC.) It was moved by Council Members Osborne/Sniff to adopt Resolution No. 2005-092 as submitted. Motion carried with Council Member Perkins ABSENT. City Council Minutes 20 November 15, 2005 3. PUBLIC HEARING TO CONSIDER AN APPEAL OF THE PLANNING COMMISSION APPROVAL OF SITE DEVELOPMENT PERMIT 2005-838, CONDITION NOS. 35 AND 40(A). APPELLANT: WASHINGTON 111 , LTD. Mayor Adolph noted the appellant has requested a continuance to December 6, 2005. The Mayor declared the PUBLIC HEARING OPEN at 8:26 p.m. MOTION - It was moved by Council Members Sniff/Osborne to continue the public hearing for an appeal filed by Washington 111 Ltd. to December 6, 2005. Motion carried with Council Member Perkins ABSENT. BUSINESS SESSION . . . . . . . . . continued 6. CONSIDERATION OF RECOMMENDATIONS CONTAINED IN THE MANAGEMENT REVIEW OF THE PUBLIC WORKS DEPARTMENT. City Manager Genovese presented the staff report. Council Member Henderson commented on the heavy workload of the Public Works Department, and expressed hope that the new/vacant positions can be filled quickly. She stated she fully supports the recommendations. Council Member Sniff concurred. Council Member Osborne expressed support for the report, and stated he hopes Mr. Bucknam will be able to help with the implementation and monitoring to make sure the changes are effective. Mayor Adolph referred to a reference on Page 5 of the report regarding weed abatement and landscape contract administration. He indicated he has a problem with the City's current landscaping maintenance contract because of the number of things the contractor does not address unless specifically pointed out to them. He commented on the number of weeds in the medians and the roundabout, and trees that need to be up-righted or· replaced. He indicated he would like to know what work the contractor has accomplished for the first $50,000 in their contract. Public Works Director Jonasson noted the contractor has been doing catch-up work, and stated he will provide Council with a schedule for City Council Minutes 21 November 15, 2005 completion of the median maintenance. He added the work should be completed within a week. MOTION - It was moved by Council Members Sniff/Henderson to approve the Organizational Chart and position descriptions as referenced in the Management Review for reorganization of the Public Works Department, and authorize staff to recruit for the new positions and make changes to existing positions as recommended in the Management Review. Motion carried with Council Member Perkins ABSENT. 7. SECOND READING OF ORDINANCE. Council Member Osborne advised he has a potential conflict of interest and left the dais. (A company recently acquired by his business provided services in the past to Mr. French, one of the principals in CP Development La Quinta, LLC.) ORDINANCE NO. 422 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, AMENDING THE OFFICIAL ZONING MAP OF THE CITY, BY REZONING CERTAIN PROPERTIES FROM MEDIUM DENSITY RESIDENTIAL TO TOURIST COMMERCIAL AND FROM TOURIST COMMERCIAL TO OFFICE COMMERCIAL LOCATED SOUTHEAST OF THE INTERSECTION OF WASHINGTON STREET AND MILES AVENUE WITHIN THE CENTERPOINT PROJECT (ZONE CHANGE 2005-125 - CP DEVELOPMENT LA QUINTA, LLC). It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 422 on second reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Henderson, Sniff, Mayor Adolph None None Council Members Osborne, Perkins 8. SECOND READING OF ORDINANCE. Council Member Osborne advised he has a potential conflict of interest and left the dais. (A company recently acquired by his business provided services in the past to Mr. French, one of the principals in CP Development La Quinta, LLC.) City Council Minutes 22 November 1 5, 2005 ORDINANCE NO. 423 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA, APPROVING AN AMENDMENT TO DEVELOPMENT AGREEMENT 2003-006 BY AND BETWEEN THE CITY OF LA QUINT A AND CP DEVELOPMENT LA QUINTA, LLC. It was moved by Council Members Sniff/Henderson to adopt Ordinance No. 422 on second reading. Motion carried by the following vote: AYES: NOES: ABSTAIN: ABSENT: Council Members Henderson, Sniff, Mayor Adolph None None Council Members Osborne, Perkins STUDY SESSION - None REPORTS AND INFORMATIONAL ITEMS Animal Campus Commission - Council Member Henderson indicated the new Animal Campus will be open in December but the grand opening will not be held until sometime in January. CV AG Human & Community Resources Committee - Council Member Osborne stated the Committee is continuing to look at the shortage of child care facilities. He noted the City of Palm Desert is charging a mitigation fee on commercial construction to pay for the construction of new child care facilities. Jacqueline Cochran Regional Airport Authority - Council Member Osborne reported the air show was a success, and that the antique car show will be held next weekend. Riverside County Transportation Commission - Council Member Henderson reported the Commission approved allocations for the transportation enhancements fund, which includes $445,000 for a beautification project on Jefferson Street. * * * * * * * * * * * * * All other reports were noted and filed. City Council Minutes 23 November 1 5, 2005 DEPARTMENT REPORTS 6-A. REPORT REGARDING FACILITY USE POLICIES -SPORT FIELDS. City Manager Genovese noted the Facility Use Policies were recommended by the Community Services Commission and approved by the City Council. He asked if the Council would like to refer the policy back to the Commission for reconsideration of the sport field fees. Council concurred to direct staff to take the Facility Use Policies back to the Community Services Commission for reconsideration. MAYOR AND COUNCIL MEMBERS' ITEMS - None The City Council recessed to Closed Session as delineated on Page 1. The City Council meeting was 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, '. r -.. ..' .~. JUNE S. GREEK, City Clerk City of La Quinta, California