2006 06 06 CC Minutes
LA QUINTA CITY COUNCIL
MINUTES
JUNE 6, 2006
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, Kirk, Osborne, Sniff, Mayor Adolph
None
PUBLIC COMMENT - None
CLOSED SESSION
Council Member Osborne did not participate in Item No. 2 due to à' potential
conflict of interest due to the subject property being within 500 feet of his
residence.
1. Conference with labor negotiators Ski Harrison, Michael O'Connor, and John
Ruiz regarding negotiations with the La Quinta City Employees Association
pursuant to Government Code Section 54957.6 - Meet and Confer Process'.
2. Conference with the City's real property negotiator, Douglas R. Evans,
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 Fred Waring Drive and Palm Royale. Property
Owner/Negotiator: The Robert Mayer Corporation.
3. Conference with the City's real property negotiator, Michael O'Connor,
pursuant to Government Code Section 54956.8 concerning potential terms
and conditions of acquisition and/or disposition of real property located
southwest of the intersection of Highway 111 and La Quinta Centre Drive.
Property Owner/Negotiator: George Valarde.
4. Public Employee Performance Evaluation pursuant to Government Code
Section 54957, Council-appointed position - City Manager.
5. Public Employee Performance Evaluation pursuant to Government Code
Section 54957, Council-a'ppointed position - City Attorney.
Council recessed to the Redevelopment Agency and to Closed Session to and until
the hour of 3:00 p.m.
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June 6, 2006
3:00 P.M.
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT
Ron Gaul, P. O. Box 255, Ocotillo, representing Salton Sea Coalition, invited City
representatives to attend an air quality forum to be held at the U.C. Riverside-Palm
Desert Campus on June 14, 2006.
CONFIRMATION OF AGENDA - Confirmed
ANNOUNCEMENTS - None
PRESENTATIONS
. Adrian Alagreti, John Reveal, and Bob Lightner, representing the Tour de Palm
Springs, presented a $1,500 check for the La Quinta Senior Center. They also
expressed appreciation for staff's assistance in the event.
WRITTEN COMMUNICATIONS
. ,1. CORRESPONDENCE FROM BOB DOYLE, SHERIFF/CORONER, DATED MAY
9, 2006, REGARDJNG APPOINTMENT OF CITY COUNCIL MEMBER TO
SERVE AS REPRESENTATIVE ON RIVERSIDE COUNTY CHILD SAFETY
COMMISSION.
Council concurred to direct staff to agendize this matter for the June 20,
2006, Council rl1eeting.
APPROVAL OF MINUTES
MOTION - It was nl0vèd by Council Members Henderson/Kirk to approve the City
Council/Planning Commission Joint Special Meeting Minutes of May 9, '2006, as
submitted. Motion carried unaninlously.
MOTION - It was moved by Council Members Sniff/Henderson to approve the City
Council Minutes of May 16, 2006, as submitted. Motion carried unanimously.
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June 6, 2006
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED JUNE 6, 2006.
2. APPROVAL OF DECLARATION OF SURPLUS PROPERTY.
3. APPROVAL OF A ONE-YEAR MAINTENANCE SERVICE AGREEMENT
EXTENSION FOR STREET SWEEPING SERVICES FOR FISCAL YEAR
2006/2007.
4. APPROVAL OF DISTRIBUTION OF REQUEST FOR PROPOSALS TO OBTAIN
MATERIALS TESTING SERVICES.
5. APPROVAL OF DISTRIBUTION OF REQUEST FOR PROPOSALS TO OBTAIN
CONSTRUCTION SURVEYING SERVICES.
6. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR PROJECT LMC
2004-04, LANDSCAPE LIGHTING MAINTENANCE FOR FISCAL YEAR
2006/2007.
7. APPROVAL OF DISTRIBUTION OF REQUEST FOR PROPOSALS TO OBTAIN
CONSTRUCTION INSPECTION SERVICES.
8. APPROVAL OF APPROPRIATION OF FUNDS AND CONTRACT CHANGE
ORDER NO.2 TO RENOVATE LA QUINTA PARK TURF.
9. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION FOR THE PARK
LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR FISCAL YEAR
2006/2007.
10. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR AVENUE 47 AT
ADAMS STREET TRAFFIC SIGNAL IMPROVEMENTS, PROJECT NO. 2005-
04.
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11. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
AND AUTHORIZATION TO ADVERTISE FOR BIDS FOR THE AVENUE 54
PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2005-11.
12. APPROVAL OF A ONE YEAR CONTRACT EXTENSION FOR PROJECT NO.
LMC 2005-08, CITYWIDE LANDSCAPE MAINTENANCE SERVICES FOR
FISCAL YEAR 2006/2007.
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June 6, 2006
13. ADOPTION OF A RESOLUTION ACCEPTING A DONATION FROM TOUR DE
PALM SPRINGS TO THE LA QUINTA SENIOR CENTER. (RESOLUTION NO.
2006-055)
14. APPROVAL OF PLANS, SPECIFICATIONS AND ENGINEER'S ESTIMATE AND
AUTHORIZATION TO ADVERTISE FOR BID FOR THE CITY HALL
EXPANSION, PROJECT NO. 2002-01.
,15. ¡ , APPROVAL OF THE ALLOCATION OF FUNDS TO REIMBURSE DEVELOPER
WASHINGTON 111,L TD FOR ASPHALT REHABILITATION ON SIMON
" :,DRIVE BETWEEN WASHINGTON STREET AND HIGHWAY 111, AND
AUTHORIZATION TO ENTER INTO A REIMBURSEMENT AGREEMENT.
, 16. AUTHORIZATION FOR OVERNIGHT, TRAVEL FOR TWO MEMBERS OF TH~
CITY'COUNCll TO ATTEND THE LEAGUE OF CALIFORNIA CITIES ANNUAL
CONFERENCE IN SAN DIEGO, CALIFORNIA TO BE HELD SEPTEMBER 6-9,
2006.
17 . AUTHORIZATION FOR OVERNIGHT TRAVEL FOR FOUR MEMBERS. O,F THE
CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE LEAGUE, OF
CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE
FORUM TO BE HELD JULY 26-29, 2006 AND ONE MEMBER OF THE CITY
COUNCIL TO ATTEND THE LEAGUE OF CALIFORNIA CITIES BOARD OF
DIRECTORS MEETING TO BE HELD JULY 28-29, 2006 IN MONTEREY,
CALIFORNIA.
18. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE CITY MANAGER AND
ASSISTANT CITY MANAGER TO ATTEND THE INTERNATIONAL,
CITY/COUNTY MANAGEMENT ASSOCIATION (lCMA) ANNUAL
CONFERENCE IN SAN ANTONIO, TEXAS TO BE HELD SEPTEMBER 10-13,
2006.
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MOTION - It was moved by Council Members Sniff/Osborne to approve the
Consent Calendar as recommended and with Item No. 13 being approved by
RESOLUTION NO. 2006-055. Motion carried unanimously. ' t'
BUSINESS SESSION
, ,1.
CONSIDERATION OF ANNUAL APPOINTMENTS TO CITY BOARDS,
COMMITTEES, AND COMMISSIONS.
There were no changes to the staff report as submitted and on file in the
City Clerk's Office.
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June 6, 2006
ARCHITECTURAL AND LANDSCAPING REVIEW COMMITTEE
The following applicants gave a brief presentation on their background and
qualifications:
William Bobbitt
Frank Christopher
Ballot No. 1
Council Member Henderson voted for
Council Member Kirk voted for
Council Member Osborne voted for
Council Member Sniff voted for
Mayor Adolph voted for
Michael Mastrogiuseppe
William Bobbitt and Michael Mastrogiuseppe
William Bobbitt and Frank Christopher
William Bobbitt and Frank Christopher
William Bobbitt and Frank Christopher
William Bobbitt and Frank Christopher
MOTION - It was moved by Council Members Sniff/Henderson to appoint
William Bobbitt and Frank Christopher to two-year terms on the Architectural ,
and Landscaping Review Committee effective July 1, 2006. Motion carried
unanimously.
COMMUNITY SERVICES COMMISSION
The following applicants gave a brief presentation on their background and
qualifications:
Mark Weber
Bernard Barron
E. Howard Long
Robert Sylk
(Ed Hackney and Victoria St. John were not present, and Ronald Sp~ar$
withdrew his application)
Ballot No. 1
Council Member Henderson voted for
Council Member Kirk voted for
Council Member Osborne voted for
Council Member Sniff voted for
Mayor Adolph voted for
Mark Weber, E. Howard Long, and
Robert Sylk
Mark Weber, Victoria St. John,
and Robert Sylk
Mark Weber, Bernard Barron,
and Robert Sylk
Mark Weber, Ed Hackney, and
E. Howard Long
Mark Weber, Victoria St. John, and
Robert Sylk
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Ballot No. 2
Council Member Henderson voted for
Council Member Kirk voted for
Council Member Osborne voted for
Council Member Sniff voted for
Mayor Adolph voted for
June 6, 2006
E. Howard Long
Victoria St. John
E. Howard Long
E. Howard Long
Victoria St. John
MOTION - It was moved by Council Members Sniff/Henderson to appoint
Mark Weber, E. Howard Long, and Robert Sylk to two-year terms on the
Community Services Commission effective July 1, 2006.. Motion carried
unanimously.
.HISTORIC PRESERVATION COMMISSION
The· following applicants gave a brief presentation on their background and
qualifications:
Maria Puente
Archie Sharp
Allan Wilbur
Ballot No.1
Council Member Henderson voted for
Council Member Kirk voted for
Council Member Osborne voted for
Council Men1ber Sniff voted for
Mayor· Adolph voted for
Wendy Wyman Campbell
Douglas Barr
Maria Puente, Archie Sharp, and
Douglas Barr
Maria Puente, Archie Sharp, and
Allan Wilbur
Maria Puente, Archie Sharp, and
Allan Wilbur
Maria Puente, Archie Sharp, .and
Allan Wilbur ,
Maria Puente, Archie Sharp, and
Allan Wilbur
MOTION - It was moved by Council Members Sniff/Kirk to appoint Maria
.. . Puente, Archie Sharp, and Allan Wilbur to three-year terms on the Historic
Preservation Commission effective July 1 , 20.06. Motion carried
unanimously.
INVESTMENT ADVISORY BOARD
The following applicants gave a brief presentation on their background and
qualifications:
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June 6, 2006
Gary Egbert
Randy Rassi
{Christina Deniel was not present}
MOTION - It was moved by Council Members Kirk/Osborne to appoint Gary
Egbert, Randy Rassi, and Christina Deniel to three-year terms on the
Investment Advisory Board effective July 1, 2006. Motion carried
unanimously.
PLANNING COMMISSION
The following applicants gave a brief presentation on their background and
qualifications:
James Booth
Katie Barrows
Brent Clemmer
James Engle Jr.
(Ed Alderson and Michelle Germyn were not present)
Ballot No. 1
Council Member Henderson voted for Katie Barrows, Ed Alderson, and
James Booth
Council Member Kirk voted for Katie Barrows, Ed Alderson, and
Brent Clemmer
Council Member Osborne voted for Katie Barrows, Ed Alderson, and
James Engle Jr.
Council Member Sniff voted for Katie Barrows, Ed Alderson, and
James Engle Jr.
Mayor Adolph voted for Katie Barrows, Ed Alderson, and
James Engle Jr.
MOTION - It was moved by Council Members Sniff/Henderson to appoint
Katie Barrows, Ed Alderson, and James Engle Jr. to two-year terms on the
Planning Commission effective July 1, 2006. Motion carried unanimously.
Council recessed to and until 7 :00 P.M.
7:00 P.M.
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PUBLIC COMMENT
June 6, 2006
Lucia Moran, P.O. Box 1 305, commented on the amount of graffiti in the City,
especially in the business districts, and noted the City doesn't paint over graffiti in
commercial areas. She requested the City's policy be changed, and the graffiti removed by
the City within 24 hours if not taken care of by the commercial property owner.
Mayor Adolph stated it's his understanding that the City removes graffiti in the
commercial areas, and he has been told by the Police Department that they are
actively pursuing the violators.
PRESENTATIONS
The Mayor ·and Council Members presented art awards to the following students of
Ben Franklin Elementary School whose artwork has been displayed at City Hall:
Selena Alavarez
Raul Blanco-Cordova
Kevin Coronel
Claudia Cortez
Diana Cota
Damien Fernandez
Ä. J. Flores
Isaac Frias
Janiell Garza
Brigitte Gill
Daniel Gonzalez
Tanya Guadalupe-Lopez
Brady Hall
Cruz Martin Carillo
Michelle Martinez
Lexy Mota
Manuel Andreli Ozonio
Isela Pelayo-Aceves
Monique Pina
Laura Ramirez
PUBLIC HEARINGS - None
BUSINESS SESSION . . . . . . . . . . . continued
Austin Rholand
Jazmine Rendon
Nikita Sacakusumah
Adrinna Teran
Johnni Tillman
Jazania Trejo
Alexandra Vargas
Marsela Warshaw
Yvette Zavala
2. CONSIDERATION OF AN ORDINANCE REGARDING THE LICENSING OF
TOBACCO RETAILERS.
, Mayor Adolph indicated this item would be continued to June 20, 2006, per
. a request from the County representatives.
3. CONSIDERATION OF CITY'S 25TH ANNIVERSARY CELEBRATION.
Community Services Director Hylton presented the staff report.
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June 6, 2006
Council Member Henderson stated she supports forming a committee.
Council Member Osborne referenced the need to remove KSL from the list.
Council Member Sniff commented on the short timeframe since the 20th
anniversary celebration, and questioned there being an interest in doing a
25th anniversary celebration. He suggested staff come back with the
following recommendations: 1) who should serve on the committee; 2) how
often the committee should meet; and 3) a charge as to what the committee
would be doing.
Mayor Adolph suggested replacing KSL with a representative from Hilton
Hotels. He commented he believes there is interest in having a larger gala
for the 25th celebration, and suggested checking with groups like the
Chamber of Commerce for interest in participating on the committee.
Ms. Hylton indicated some of the people who previously served on the
committee have voiced interest in participating again.
Council Member Henderson spoke in support of starting with the previous,
and having information brought back for Council consideration.
In response to Council Member Sniff, City Manager Genovese explained the
$65,000 budget amount will be subject to Council approval during the
budget process. He requested Council input as to any other entities they
would like staff to contact regarding participation on the committee.
Council Member Henderson and Mayor Adolph volunteered to serve on the
committee.
There was consensus for Council Member Henderson and Mayor Adolph to
serve on the 25th Anniversary Celebration Committee.
4. CONSIDERATION OF INITIATING A FITNESS USE CARD AT THE BOYS &
GIRLS CLUB.
Community Services Director Hylton presented the staff report.
In response to Mayor Adolph, Ms. Hylton confirmed the facility is expected
to be completed in July.
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June 6, 2006
MOTION - It was moved by Council Members Henderson/Osborne to
approvr: initiation of a Fitness Use Card at the Boys and Girls Club. Motion
carried unanimously.
5. CONSIDERATION OF ANNUAL PLAN FOR SilverRock RESORT.
Community Services Director Hylton presented the staff report.
In response to Mayor Adolph, Randy Duncan, General Manager and Director
of Golf at SilverRock Resort, stated the planet air aerator equipment is new
technology that recently becarlle available, and the other items were
requested last year but not approved. He stated the aerator is used five
times a year on the greens between May and September, and confirmed
there is sufficient space in the maintenance facility to store the new
equipment.
·In response to Council Member Osborne, Mr. Duncan stated the average rate
per round is still low but a higher average rate is anticipated next year.
Council' Member Sniff voiced concern about the operating deficit, and asked
how the General Fund will be reimbursed for the annual deficit amounts.
City Manager Genovese noted the City decides whether or not to advance
funds from the General Fund to cover a negative cash flow for the golf
course. How long the deficit continues will depend on development of the
rest of the site. He stated he anticipates development will occur within the
next two, years, which will decrease the deficit but not ensure a balanced
budget. He noted SilverRock is an economic development activity and a
recreational amenity wherein funding is not usually regained.
In response to Council Member Henderson, Mr. Duncan confirmed several
drafts of the operating budget have been presented to staff, including
discussions about equipment needs.
, : Council· Member Henderson commented she recalls the financial impact
studies· for the golf course indicating potential General Fund subsidies of
approximately $500,000 each year for at least three years.
Mr. Genovese stated he doesn't recall the specific amounts but confirmed
subsidies were anticipated during the early years, especially in providing a
tournament-quality course. He noted the golf course can be maintained for
less but the quality would not be the same.
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June 6, 2006
Council Member Henderson noted the residential rate affects the operating
budget and subsidy amount.
Mr. Genovese noted affordable golf is part of the recreational amenity tool,
and long-term TOT revenues are part of economic development. He stated
during the period of time the golf course is primarily a recreational tool, the
operating budget will need to be subsidized. He added it's anticipated that
the site will, ultimately, produce a positive revenue source.
Council Member Henderson pointed out TOT from the hotel and increaséd
golf rounds at the private rate, will help repay the Generaf Fund subsidy
amounts until it becomes additional revenue.
Mr. Genovese confirmed non-residential play is anticipated to increase
substantially once a hotel is developed.
Council Member Kirk inquired about the rate percentages for golf rounds, and
what the average annual resident rate is.
Mr. Duncan stated the "others" category includes tournaments, wholesalers,
standby golf, discounted golf, local PGA professional play, juniors, and
replays, and is the only category that is not fixed. The estimated average
annual resident rate is in the high $40s, the average regular rate in the high
$80s, and "others" in the $50 range.
Council Member Kirk asked if the subsidy for SilverRock is an unprecedented
amount when compared to other municipal courses.
Mr . Duncan stated he feels SilverRock is similar to how Desert Willow, in the
City of Palm Desert, was in the beginning. The first course opened in 1997
and the second in 1 998 but they didn't break even until 2004 or 2005.
Council Member Kirk asked if there are other budgets for a recreational
amenity that are close to the SilverRock budget.
Ms. Hylton stated parks are the largest expense because no fees are
collected for parks. There are also subsidies for the Senior Center, and other'
recreational programs, particularly to keep the activities affordable for youth
participation.
Council Member Kirk asked if a deficit would exist if there wasn't a resident
rate.
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June 6, 2006
Mr. Duncan stated the deficit would still exist but he would need to do
further analysis to determine the actual effect. He noted resident-rate play
helps when there isn't any tournament or full-pay play, and it has not
displaced a lot of revenue. He confirmed a lot of residents would not play if
there was not a resident rate.
Council Member Kirk commented it's hard to accept that an operating deficit
will exist for a period of time but he doesn't feel it has much to do with the
operator's business plan.
Council Member Henderson noted $98,000 is for capital equipment, and the
$544,000 is closer to projections. She commented on there being some
discussion. to increase the marketing budget, and noted although it's
, intended to bring more golfers, it will also increase the net loss. She feels
it's reasonable to consider increasing the marketing budget but would like for
staff and Landmark to consider what added amount would generate a benefit
to the golf course, and bring it back to Council for consideration.
. Council Member Osborne stated he feels Council understands the golf course
will not break even for a period of time, and that work is being done to get a
hotel in place.
Mayor Adolph agreed SilverRock will generate more revenue once the hotel
development moves forward.
Council Member Sniff stated he will support the annual plan, and suggested
the advertising budget be increased to generate more activity. He noted it
can be reviewed next year to see how effective it was.
MOTION - It was moved by Council Members Henderson/Osborne to
approve the Annual Plan for SilverRock Resort as submitted by Landmark
Golf Management, LLC, which projects $3,190,786 in revenues and
$3,735,156 in expenses for a net loss of $544,370, and an additional
$98,353 for capital expenses, and direct staff to return with a separate
marketing budget reflecting today's discussion. Motion carried unanimously.
6. CONSIDERATION OF SITE DEVELOPMENT PERMIT 2004-809, AMENDMENT
" NO'. 1, ARCHITECTURAL REVISIONS AND LANDSCAPING PLANS FOR A
REVISION, TO THE EXISTING APPROVAL FOR A CLUBHOUSE FACILITY
ASSOCIATED WITH WATERMARK VILLAS (SPECIFIC PLAN 2003-069), TO
Be LOCATED AT THE NORTHWEST CORNER OF AVENUE 52 AND
JEFFERSON STREET. APPLICANT: INNOVATIVE COMMUNITIES, INC.
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June 6, 2006
Principal Planner Nesbit presented the staff report.
In response to Council Member Henderson, Mr. Nesbit confirmed the project
will still have subterranean parking for the residential units.
Mayor Adolph voiced concern about the outdoor dining area being so close
to the roundabout at Jefferson Street and Avenue 52.
Brad Fulman, 200 E. Washington, Suite 100, Escondido, representing
Innovative Communities, stated the actual dining area is further from the
street. He indicated they previously proposed a public restaurant but the
current proposal is clubhouse dining for members only.
Mr. Nesbit noted the main dining area is in the interior of the building with
glass doors opening to the covered patio area.
Mayor Adolph inquired about the building height and the distance from the
building to the curb at Jefferson Street and Avenue 52.
Community Development Director Evans stated the distance from the curb to
the seating area is approximately 30 feet. He understands the intent is to
provide an open atmosphere but feels it might be changed to more of a
private courtyard with a higher wall as the project develops because of
traffic noise.
Mayor Adolph voiced concern about the visual effect of having the building
so close to the corner.
MOTION - It was moved by Council Members Henderson/Kirk to approve
Site Development Permit 2004-809, Amendment No.1, subject to Findings
and Conditions of Approval.
Council Member Kirk commented on the outdoor dining area at the Las
Casuelas Restaurant working well, and it's at a busier intersection.
Mayor Adolph noted that restaurant area has a high wall and roof that helps
soften the noise.
Council Member Kirk suggested the applicant might be able to incorporate
some of the same design elements into this project's outdoor area.
Motion carried with Mayor Adolph voting NO.
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June 6, 2006
7. CONSIDERATION OF LA QUINTA'S SPHERE OF INFLUENCE AND
ANNEXATION POLICY.
Community Development Director Evans presented the staff report.
In response to Council Member Osborne, Mr. Evans stated there will be an
overlap of all the studies relative to fiscal, land use, and infrastructure needs
and confirmed the strategic plan will take about six months to complete. He
stated he believes the City will be able to get a project through annexation
and approve a final map faster than the County would be able to deliver a
final map. He confirmed a number of developments are currently under
review with the County.
Council Member Henderson commented on the recent fiscal analysis based
on four units per acre, and asked if that model projected revenue generation
on the commercial property.
Mr. Evans stated it did but it also included the Kohl Ranch, which will not be
a part of the future study. He indicated the analysis was based on the City's
General Plan. He feels the land use statistics used for forecasting should be
recalculated because of large areas that have built out at substantially· less
than three units per acre. He noted a density reduction will reduce a need
for commercial, and that the Vista Santa Rosa (VSR) Coalition fiscal model
only projects 60,000 square feet of commercial.
In response to Council Member Henderson, Mr. Evans indicated spendable
income and the amount of commercial will be used to derive a dollar figure
for the model, and a land use analysis will also be done relative to Council
and community input. He referenced potential lodging opportunities around
the Augustine Casino and Desert Circuit. He also indicated developers
anticipate a resort in the area but none have been proposed at this time. He
. . ,referenced the need for a consultant firm with expertise in equestrian
activities, and noted the market for pure new subdivision equestrian will not
be known until the development process is tried.
City Manager Genovese noted a professional marketing analysis will be
needed to .determine the potential for an equestrian market.
Council Member Henderson inquired about the County's process for
approving developments in VSR.
Mr. Evans stated some developments reviewed by the VSR Community
Council have been approved by the Board of Supervisors, some are pending,
and some are scheduled to be heard by the County Planning Commission.
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June 6, 2006
Council Member Henderson voiced concern about developments being
approved by the County without any type of assessment or contribution
toward being self sustained. She commented on the possibility of getting an
agreement with the County to approve developments with a condition for
some type of financial participation if annexed into the City. She feels if
projects continue to be approved by the County, it will damage the vision for
the future in that area.
Council Member Kirk stated he is also concerned about projects being
approved by the County without the City having an opportunity to capture
the fiscal impacts of the projects through the approval process. He asked if
it's possible for the County to provide a mechanism that would provide for a
fee to the City upon annexation.
Mr. Evans stated he feels projects already under construction are probably'
beyond the City's ability to charge an assessment, and referenced the need
for pre-annexation development agreements where property owners ha"ve
approved projects in the County but are not sold. He indicated financing
districts can be put in place as a condition of annexation through a
development agreement, which is a good reason for having a model
development agreement upfront. Once the County provides an agreement,
the City can propose adding something that will cover projects currently in
the County process.
In response to Council Member Kirk, Planning Manager Johnson confirmed
his involvement with the Task Force has been mainly observation at this
point.
Council Member Kirk voiced concern about decisions being made on property
that could be annexed to the City without City input on the land use. He
also voiced concern about the potential for developers to file applications
with the County because they feel there is more certainty in the County
system at this time.
Mr. Evans noted the City will have to deal with the potential of development
until annexation takes place. The only other way is to annex the property
upfront and accept the financial and public service burdens.
Council Member Kirk asked why hard negotiations haven't been started with
the County.
Mr. Evans stated he feels it's important to have the right information in order'
to understand what to negotiate for. Staff has requested information from
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June 6, 2006
the County, and they have indicated they will provide it. He anticipates a
City proposal being made once the requested information has been received.
Council Member Kirk asked when that is anticipated to happen.
Assistant City Manager 0' Connor stated he understands the County intends
to contact City staff this week.
Richard Fausel, 42-311 May Pen, Bermuda Dunes, stated he owns nine acres
on the southeast corner of Avenue 61 and Monroe Street. He feels the
parcel would be a good place for commercial development, and would like to
know what the process is to get it zoned commercial.
Mayor Adolph suggested he meet with staff to discuss the process.
,Mr. ,Evans referenced another property owner that has been coordinating an
effort in this area, and suggested he also talk to him.
Council Member Henderson asked if the City has neighborhood commercial
sites less than 10 acres, to which Mr. Evans responded, "Yes." He added if
Council directs staff to do a land use study, they will look at land use
changes that make the most sense for long-term development of the area.
In response to Council Member Sniff, Mr. Evans confirmed a written
response has not been sent to Supervisor Wilson but there have been some
follow-up discussions.
Council Member Sniff noted whiie the City tries to decide what it's going to
do, the County is moving forward with deliberate speed to get projects going
in the area. He is concerned the City will inherit a hybrid community with a
mix .of City and County standards. He supports dealing effectively with the
. County now, or making decisions without them if necessary. He supports
being aggressive and decisive on a major scale, including doing a large scale
annexation if necessary. He stated he feels property owners filing pre-
annexation development agreements should be told there likely will be costs
to them if a tax-increment sharing agreement cannot be worked out with the
County. He asked if any legal reason exists why the City can't do a large
scale annexation contiguous to City limits, to which Mr. Evans responded,
"No."
Council. Member Osborne stated he feels it would be wrong to do an
annexation of that magnitude without a strategic plan because the fiscal
impacts will not be known.
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City Council Minutes
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June 6, 2006
In response to Council Member Osborne, Mr. Evans confirmed staff can put
together an outline of the steps involved to develop a strategic plan by
January 2007. He added if Council wishes, staff can use the existing land
use, and development assumptions under the existing General Plan to do a
fiscal analysis. He noted that would give Council information sooner than six
months as to the effect of the phase one annexation the Coalition is asking
the City to take at one time. He believes the previous study should be
refined, and noted different densities can be used once a model is developed.
Council Member Osborne suggested the study be done at 2 to 3 units per
acre.
Mr. Evans noted Council can direct staff to move forward with those
numbers and change them later if they want because staff will be coming
back to Council for input over the next six-months period.
Council Member Henderson asked about the possibility of simultaneously
beginning a general plan amendment to change the zoning in Planning Area
No. 1 with a modeling for the financial impact, and preparing an application
to LAFCO for annexation. She asked at what point the application for
annexation has to show pre-zoning.
Mr. Evans stated the pre-zoning action has to be submitted with the
application. He indicated LAFCO would require a new environmental
assessment if the existing Notice of Determination is used for pre-zoning.
He stated the two-year limit starts at the date of the annexation but LAFCO
wants all the information they analyze when the application is submitted,
which could result in a four to six months lag time.
City Attorney Jenson stated she doesn't believe new environmental would
be needed if the density is lower because the impacts would be within the
previously-certified. environmental. She indicated an addendum would be
needed.
Mr. Evans pointed out the potential for creating a new environmental impact
if any of the land is rezoned to commercial.
Council Member Henderson asked if zone changes are legally permissible in
specific plans during the two-year period.
Mr. Evans stated staff would have to research that possibility.
Council Member Henderson indicated she doesn't support filing for a massive
annexation until staff comes back with some figures, and the property
City Council Minutes
18
June 6, 2006
owners are willing to enter into a pre-annexation agreement based on those
figures. It's her understanding that schemes exist that could be accessed,
given the opportunity for the City and County to get into a IInuts and bolts"
discussion.
Council Member Kirk asked if the City relies on pre-annexation agreements
for a large scale annexation, how will IIfree rider" properties included in that
annexation be handled should they decide to develop their properties.
Mr. Evans stated the City can impose conditions of approval and require
mitigation of fiscal impacts. He noted cities throughout the Valley are
imposing Community Facility Districts because they can't afford to provide
services and facilities with the standard tax revenue from residential
development.
Council Member Kirk stated he feels it's critical during the interim period to
have an MOU with the County to coordinate processing of applications, and
that it should be conveyed to staff so they will know they are on the right
track. He doesn't want to see the development community in-between the
City and County processes and use it to work the two sides against each
other. He feels the VSR design guidelines should be thoroughly reviewed by
staff and possibly adopted by the City after any needed modifications are
made. He feels part of the coordination between the City and County is
understanding what commonality exists, and suggested the possibility of
staff participating on a joint City/County Task Force on land and fiscal issues
to avoid duplication of efforts. He feels the City should wait on the fiscal
analysis before annexing a large area but that it's a good idea to process up
to three smaller annexations that are most prepared and likely to meet
LAFCO's requirements. He indicated he would like to see one annexation in
the Thermal Redevelopment Project Area and one outside of it.
, Council Member Sniff questioned why the City would move forward with
three small annexations of modest consequence while the County continues
to consider numerous development proposals.
Council Member Kirk stated he hopes the MOU will address that concern,
and suggested making it a high priority and establishing a timeline for it. He
also feels the Council should be more engaged personally in dealing with
<,some of the issues with Supervisor Wilson.
Council Member Sniff stated he doesn't have a problem doing smaller
annexations but doesn't see a problem with doing a few big ones either. He
feels the property owners should be told there may be significant costs and
let them go forward with that understanding. He feels this should be treated
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City Council Minutes
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June 6, 2006
like business, and if the County chooses to ignore the City, the City can set
a course to move forward. He voiced concern about developments going
forward in the area without the City's standards.
Council Member Henderson voiced concern about moving forward with a
major annexation without any resolution from the County because there
would no longer be a reason for the County to resolve the issue. She stated
she believes staff is doing everything possible to move the process forward.
She stated some of the land owners have written Supervisor Wilson and
received a response indicating the area is bonded to $75 million with a long
list of projects east of Harrison Boulevard. She feels the area has an even
greater capacity for bonding, and that it's important to talk to Supervisor
Wilson to make sure some of the tax increment money is dedicated to that
area. As for the amount of time spent on this issue, she noted the City
didn't have a legal right to make these types of decisions until LAFCO
approved the sphere of influence three months ago.
MOTION - Council Member Kirk moved to 1) confirm the direction
established by staff regarding an MOU with the County in terms of
processing applications during the interim period; 2) direct staff to evaluate
the VSR design guidelines and forward them to the Planning Commission and
City Council for consideration; 3) approach the County about the role of the
Task Force and how it could work for both the City and the County; 4)
process up to three annexations during the interim period (one inside and one
outside of the Thermal Redevelopment Project Area); and 5) immediately
begin a fiscal study that includes a variety of land use scenarios in limited
detail, particularly in Planning Area No.1.
Council Member Osborne voiced concern about doing any type of annexation
and being stuck with zoning for two years. He prefers holding off on the
annexations for at least 30 days to find out where we stand with an MOU.
Council Member Kirk agreed to remove that part from the motion and take it
up separately.
REVISED MOTION - It was moved by Council Members Kirk/Osborne to
1) confirm the direction established by staff regarding an MOU with the
County in terms of processing applications during the interim period; 2)
direct staff to evaluate the VSR design guidelines and forward them to the
Planning Commission and City Council for consideration; 3) approach the
County about the role of the Task Force and how it could work for both the
City and the County; and 4) immediately begin a fiscal study that includes a
variety of land use scenarios in limited detail, particularly in Planning Area
No.1.
City Council Minutes
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June 6, 2006
Motion carried with Council Member Sniff voting NO.
Council Member Kirk stated he understood there was consensus at the last
Council meeting to direct staff to process up to three annexations.
Council Member Henderson concurred, and noted she suggested the
developers share their proposals with the VSR Community Council.
Council Member Osborne indicated he has concerns about receiving
development proposals that may not fit the City's future design for the area.
Council Member Henderson noted zoning at 1 to 4 units per acre does not
guarantee 4 units per acre, and staff can give developers direction as to how
the community has been building out at around 3 units per acre. She
pointed out the next item on the agenda addresses that issue, and if those
guidelines are adopted they can flow over into the VSR community.
Council Member Kirk commented on consideration of an annexation not
guaranteeing 4 units per acre with urban standards, and stated he wants to
· see proposals that are sensitive to VSR.
MOTION - It was moved by Council Member Kirk and Mayor Adolph to
direct staff to consider up to two annexations during the interim period, or
until reconsidered by the City Council, and with at least one of the
annexations being within the project area and one outside of the project
area; that the projects be referred to the VSR Community Council and the
developers encouraged to approach other community groups in the area prior
· to the propósals being considered by the Planning Commission and City
Council.
Council Member Kirk noted it could be necessary to revisit this if an
annexation doesn't make sense because the County doesn't work with the
City, and it is difficult to get a Development Impact Fee for more than five
years.
Council Member Henderson noted the discussion at the last meeting was for
up to three applications, and asked staff how many have been received.
Mr. Evans stated the City has not received any applications for annexation
but there has been one development application, and that developer is
· working with a larger group of property owners for a future annexation.
Another group of property owners is trying to get a group interested in an
annexation, which would be most or all outside of the project area. A third
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City Council Minutes
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June 6, 2006
group has voiced interest in filing an application for annexation but without a
development proposal, and it may result in one property owner filing for a
property owner annexation for commercial property.
Council Member Sniff asked for clarification on the meaning of /lsmaller/l
annexations.
Council Member Kirk responded anything under 3,000 acres but he feels that
will be defined by LAFCO because their policy is to incorporate multiple
property owners when it makes sense from both a boundary and existing
land use standpoint.
Council Member Sniff suggested indicating a not-to-exceed amount In the
motion.
Council Member Kirk stated he prefers not to amend the motion, and Council
Member Sniff indicated he could not support it as stated.
Council Member Osborne indicated he may vote against the annexation
applications, depending on the project proposals.
Council Member Henderson stated she feels it's unfair to limit it to two
applications when three was discussed at the last meeting.
Council Member Kirk agreed to modify the motion to accept· three .
applications.
In response to Council Member Henderson, Mr. Evans clarified staff's
presentation included a core area of annexations that may radiate outward.
Council Member Kirk indicated it was not his intent to set specific
annexation boundaries but rather to direct staff to consider applications. He
feels the applications will depend on property owner negotiations and
discussions with staff and LAFCO.
AMENDED MOTION - It was moved by Council Member Kirk and Mayor
Adolph to direct staff to consider up to three annexations during the interim
period until reconsidered by the City Council; that at least one of the
annexations be within the Project Area and one outside of the project area; .
that the projects be referred to the VSR Community Council and encouraged
to approach other community groups in the area prior to the proposals being
considered by the Planning Commission and City Council.
Motion carried with Council Member Sniff voting NO.
City Council Minutes
22
June 6, 2006
Council took a brief recess, and reconvened at 10:24 with Mayor Adolph
absent due to illness.
8. CONSIDERATION OF LAND USE AND DEVELOPMENT POLICIES FOR THE
SOUTHERN SECTION OF LA QUINTA.
Planning Manager Johnson presented the staff report.
In response to Council Member Osborne, Mr. Johnson confirmed
subdivisions less than 10 acres would have a maximum density of 2 units
per acre, and subdivisions 10' acres and above would be allowed up to 4
units per acre. The intent is to encourage consolidation òf properties and
larger development proposals.
Council Member Henderson asked if there would be any leeway in the policy
to allow 3 units per acre in subdivisions under 10 acres or would specific
plans be used to allow for density bonuses.
Community Development Director Evans indicated a zoning overlay may be
necessary, and the policy will let developers know what Council's
expectations are. He added staff will do a general plan and zoning
evaluation, and bring back a policy for Council adoption.
Council Member Henderson asked about zoning and general plan changes for
the Vista Santa Rosa area being done at the same time.
Mr. Evans stated this is a smaller geographic area and not as complex in the
analysis. It is a parallel study but they may have different timeframes.
Council Member Henderson spoke in support of staff's recommendation.
. She feels they are good policy directions to be used anywhere in the sphere
of influence area.
MOTION - It was moved by Council Members Osborne/Henderson to direct
staff to·, prepare General Plan and Zoning Amendments that encourage
subdivisions with total acreage greater than 10 acres, good traffic circulation
and access, good overall subdivision design, and IIquality of life" amenities
and features.
Council J\IIember Osborne clarified it also includes 2 units per acre for
subdivisions under 10 acres.
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City Council Minutes
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June 6, 2006
Council Member Kirk stated he agrees the policy makes sense in the Vista
Santa Rosa area, and indicated he supports this type of encouragement of
better land use planning as part of consideration of land use in the Vista
Santa Rosa area.
Motion carried with Mayor Adolph ABSENT.
STUDY SESSION - None
REPORTS AND INFORMATIONAL ITEMS
Animal Campus Commission - Council Member Henderson reported on an animal
cruelty case wherein a number of animals had to be euthanized.
CVAG Human & Community Resources Committee - Council Member Osborne
stated they will be forming a subcommittee to work on the homeless issue.
League of California Cities Council Member Henderson reported the
telecommunications issue has passed out of the Senate without any consideration
of the League's input. She feels the proposed legislation is not IIfriendly" to cities.
She indicated the League is also taking a strong position to assist in the IICities for
Healthy Kids" program.
Riverside County Desert Library Zone Advisory Board - Council Member
Henderson reported new technology is being utilized wherein students will be able
to log onto live homework help at the Riverside County Library System web page.
Riverside County Transportation Commission - Council Member Henderson stated
funding from the Federal government and some major water districts will provide
for four to six core drilling sites to establish if geology will support a proposed
tunnel between T emecula and Orange County.
San Jacinto/Santa Rosa National Monument Advisory Committee - Council
Member Henderson reported they have requested reconsideration of a ban on hang-
gliding in the Monument. They also have approved signs for the cities to purchase
and post at the Monument boundaries.
SilverRock Subcommittee - Council Member Osborne stated Landmark plans to
put decomposed granite in the natural areas. They have also received a final report
from the PGA Tour, and will be providing an official response to the City.
City Council Minutes
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June 6, 2006
Council Member Henderson referenced a thank you lett'er from the Riverside
County Juvenile Justice and Delinquency Prevention Commission for use of the
Council Chambers for their meeting.
* * * * * * * * * * * * *
All other reports were noted and filed.
..;
..,.t"
DEPARTMENT REPORTS
1-B'.· DISCUSSION OF BUDGET CALENDAR.
After a brief discussion, Council concurred to schedule a special meeting to
consider. the preliminary budget on June 21, 2006, at 6:00 p.m.
. MAYOR AND COUNCIL MEMBERS' ITEMS
1. DISCUSSION REGARDING JUL Y3, 2006.
Mayor Pro Tern Sniff requested an item be placed on the next City Council
agenda to consider closing City Hall on July 3, 2006.
In response to Council Member Osborne, City Attorney Jenson advised it
would not be a gift of public funds as long as Council can make findings of
public benefit.
* * * * * * * * * *
Council Member Osborne requested a Mayor and Council Members' Item be placed
on the next agenda regarding code enforcement issues on commercial property
Council recessed to the Redevelopment Agency and 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).
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City Council Minutes
25
ADJOURNMENT
There being no further business the meeting was adjourned.
Respectfully submitted,
~-ef~
JUNE S. GREEK, City Clerk
City of La Quinta, California
June 6, 2006