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2007 09 18 CC Minutes LA GUINTA CITY COUNCIL MINUTES SEPTEMBER 18, 2007 A regular meeting of the La Guinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT:; ABSENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph None PUBLIC COMMENT - None CLOSED ~ESSION City Attorriley Jenson did not participate in Closed Session Item No.1. 1. Con~erence with City's legal counsel regarding potential litigation with Shea TrilQgy Tentative Tract Map 30023 pursuant to Government Code Section 54956.9(b)(1 I and (c). Council repessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M., The City Gouncil meeting was reconvened with no decisions being made in Closed Session IIIIhich require reporting pursuant to Government Code Section 54957.1 (Brown Aqtl. Mayor AdQlph led the audience in the Pledge of Allegiance. , PUBLIC C<f>MMENT Lisa Munl$y, 79-765 Aubrey Glen Court, requested the Council sign on with the U.S. Mayc!rs Environment Protection Agreement Act to help reduce emissions and green hou$e gases; and gave examples of cost reductions. Council Member Henderson questioned Mrs. Munley is she was aware of the actions th~ City has taken towards protecting the environment. City Council Minutes 2 September 18, 2007 Kay Wolf, 77-227 Calle Ensenada, suggested a local radio station be established which could be utilized for public notices and announcements; and joined Mrs. Munley to urge Council to continue in protecting the environment. CONFIRMATION OF AGENDA City Manager Genovese requested the Redevelopment Agency agenda be taken up after Business Item No.1 ANNOUNCEMENTS - None PRESENTATIONS - None WRITTEN COMMUNICATIONS - None APPROVAL OF MINUTES Council Member Kirk requested Page 6, second paragraph, of the August 7, 2007 minutes be corrected to state he requested the Community Grants Ad Hoc Committee to review all grant applications. MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of August 7, 2007, as amended (correction made to Page 6 as stated above). Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of September 4, 2007, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Kirk requested Consent Calendar Item No. 10 be taken up separately, due to a potential conflict of interest. In response to Council Member Kirk, City Manager Genovese confirmed the reason for using AB 939 funds in Consent Calendar Item No. 11 is due to the utilization of recycled material in the construction of the fence. City Council Minutes , 3 September 18, 2007 1. APPROVAL OF DEMAND REGISTERS DATED AUGUST 21, SEPTEMBER 4, ANI' SEPTEMBER 18, 2007. 2. REGEIVE AND FILE TRANSMITTAL OF TREASURER'S REPORTS DATED JUNE 30 AND JULY 31, 2007. , 3. RE4EIVE AND FILE ,fRANSMITTAL OF REVENUE & EXPENDITURES REPORTS DATED JUNE 30 AND JULY 31,2007. 4. APPROVAL OF A RESOLUTION AUTHORIZING INVESTMENTS OF MONIES IN ,THE LOCAL AGENCY INVESTMENT FUND. (RESOLUTION NO. 20Q7-0791 5. DE"'IAL OF CLAIM FOR DAMAGES FILED BY ERIC FREDERICKS, DATE OF LOSS - JULY 18, 2007. 6. ACCEPTANCE OF FISCAL YEAR 2006/2007 SLURRY SEAL AND RE~TRIPING PROGRAM, PROJECT NO. 2006-01. 7. ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENT ON JEFFERSON STREET AT AVENUE 49, PROJECT NO. 2004-07B. I 8. ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENT ON AVENUE 47 AT ADAMS STREET, PROJECT NO. 2005-04. , 9. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF :THE ONSITE AND OFFSITE IMPROVEMENTS FOR TRACT MAP 31627, THE RESIDENCE CLUB AT PGA WEST, NADADOR, LLC. (RESOLUTION NO. 20d7-080) 10. AD(>PTION OF A RESOLUTION GRANTING CONDITIONAL APPROVAL OF A FINAL MAP AND SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAp 29457-4, RANCHO LA QUINTA, T. D. DESERT DEVELOPMENT L1M!ITED PARTNERSHIP. (See separate action below.l 11. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S (PS&El EStiMATE FOR THE PERIMETER FENCE AT THE FRED WOLFF BEAR CREEK NAluRE PRESERVE, PROJECT NO. 2007-17. (See separate action below.l , , 12. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE HAZARDOUS MATERIALS INSTRUCTOR CERTIFICATION FOR TRAINERS COURSE SPONSORED BY THt STATE OF CALIFORNIA OFFICE OF EMERGENCY SERVICES IN LOS AN(3ELES, CALIFORNIA, OCTOBER 2-3, 2007. City Council Minutes 4 September 18, 2007 13. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE EMERGENCY SERVICES COORDINATOR TO ATTEND THE EARTHQUAKE PREPAREDNESS AND RESPONSE TRAINING SPONSORED BY THE NATIONAL EMERGENCY TRAINING CENTER OPERATED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY IN EMMITSBURG, MARYLAND, OCTOBER 21-27, 2007. 14. APPROVAL OF REQUEST FOR PROPOSALS (RFPl TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE AVENUE 58 AND EISENHOWER DRIVE PAVEMENT REHABILITATION IMPROVEMENTS, PROJECT NO. 2007-18. 15. APPROVAL OF REQUEST FOR PROPOSALS (RFP) TO OBTAIN PROFESSIONAL ENGINEERING SERVICES FOR THE ADAMS STREET BRIDGE IMPROVEMENTS, PROJECT NO. 2006-06. 16. APPROVAL OF STAFF RECOMMENDATIONS AND AGREEMENT WITH THE LA QUINTA CITY EMPLOYEES ASSOCIATION REGARDING INTERNAL CLASSIFICATION STUDY. 17. ADOPTION OF A RESOLUTION MAKING CERTAIN FINDINGS PURSUANT TO HEALTH & SAFETY CODE SECTION 33445(al. AND AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PARK AVENUE LANDSCAPE IMPROVEMENTS. PROJECT NO. 2006-15. (RESOLUTION NO. 2007-0811 18. APPROVAL OF THE DESERT CLASSIC CHARITIES LICENSE AGREEMENT FOR THE BOB HOPE CHRYSLER CLASSIC. 19. APPROVAL OF AN AGREEMENT FOR LAW ENFORCEMENT SERVICES BETWEEN THE CITY OF LA QUINTA AND THE COUNTY OF RIVERSIDE. 20. ADOPTION OF A RESOLUTION APPROVING THE SETTING AND PLACEMENT OF RESIDENTIAL WASTE-COLLECTION AND SERVICE FEES ON THE TAX ROLLS FOR RESIDENTIALLY-DEVELOPED PROPERTY. AND ADOPTION OF A R~SObUTION SETTING COMM~RCIAl AND ROll OFF 'NASTE COll~CTlON ".ND S~R\'IC~ F~~S. (corrected title I (RESOLUTION NO. 2007-0821 MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended and amended with the exception of Item No. 10 and with Item Nos. 4, 9, 17, and 20 being approved by RESOLUTION NOS. 2007-079 through 2007-082 respectively. Motion carried unanimously. City Counqil Minutes 5 September 18, 2007 Item No. 10: It VIlas moved by Council Members Henderson/Sniff to approve Item No. 10, adopting RESOLUTION NO. 2007-083 granting conditional approval of a Fin~1 Map and Subdivision Improvement Agreement for Tract Map 29457-4, Ranjcho La Guinta T. D. Desert Development Limited Partnership. Motion car~ied 4-0-1 with Council Member Kirk abstaining. BUSINES~ SESSION 1. CO~SIDERATION OF TWO APPOINTMENTS TO THE COMMUNITY SERVICES COMMISSION. , Mayor Adolph explained each applicant will have an opportunity to state their desire to serve on the Commission and answer any questions; upon conclusion, the City Council will vote by ballot for appointment of two members. Joah Beigel stated it would be a thrill and honor to serve the community. Stated she is retired from government and has been living in the City for a year. Shelton Brodsky stated he looks forward to serving on the Commission; and explained his interest in being considered a second time shows dedication. , Anrja Colis was not present. Dal$ Nelson stated he is retired from the banking industry; recently worked as lil financial analyst for 11 years and recently retired for the second time; stated he has attended Commission meetings and would enjoy participating on ~he Commission. Dori Guill stated she has lived in the Cove for the last 26 years and is imp~essed with the direction the City is going with the parks; stated she has attended Commission meetings during the summer and would enjoy serving on the Commission. Julius Tinsley was not present. , MOTION - It was moved by Council Members Sniff/Kirk to appoint Sheldon Bro~sky and Dori Guill to serve two-year terms on the Community Services Commission effective immediately. Motion carried unanimously. , I City Council Minutes 6 September 18, 2007 Council Member Henderson stated all City Commissions have public meetings and encouraged the public to attend. The City Council recessed to the Redevelopment Agency meeting. The City Council reconvened the meeting. BUSINESS SESSION 2. CONSIDERATION OF AN ORDINANCE AMENDING SECTION 3.01.010 OF THE LA QUlNTA MUNICIPAL CODE GOVERNING THE INVESTMENT OF FUNDS. Finance Director Falconer presented the staff report. In response to Council Member Osborne, Finance Director Falconer explained the Portfolio Manager's monthly reports will be included with the monthly Treasurer's report submitted for the City Council's review; the eligible funds and investment timeframe is outlined in the Investment Policy; and explained the Portfolio Manager will have discretion for investments based on the Investment Policy, but will submit the monthly report to the Finance Director. City Attorney Jensen further clarified that the concept of State law based on the opinions of the Attorney General, explain there should not be dual authority over the funds, and the funds are to either delegated to the Treasurer and the sole responsibility of the Treasurer who remains accountable, or they are retained; and explained in this situation it is the City Council who wishes to retain the Portfolio Manager and is the Council's responsibility, not the Finance Director or Treasurer. In response to Council Member Osborne, City Attorney Jensen confirmed the City Council is responsible for approving the Investment Policy and the Investment Policy must be followed by the Portfolio Manager, and the Portfolio Manager will be submitting monthly reports to the City Treasurer to ensure they are in compliance with the Investment Policy. In response to Council Member Kirk, City Attorney Jensen explained the City is novel in this area due to the fact that there is no opinion to this fact issued by the Attorney General. City Councjl Minutes 7 September 18, 2007 , Co~ncil Member Osborne explained there is no additional risk in using a professional portfolio manager, and suggested to utilize the service for one , year. in response to Council Member Sniff. In response to Council Member Sniff, Council Member Osborne stated the portfolio manager will be able to buy and sell funds according to the Inv4stment Policy. I City Attorney Jensen stated it is not possible to delegate the power to the Trelilsurer and then dictate the Treasurer how to utilize the portfolio manager. In response to Mayor Adolph, Council Member Osborne confirmed it is the inte~t to set aside a specific amount for the portfolio manager to invest. , Co~ncil Member Sniff stated the City has had an extremely solid process and the: possibility of risk is a mistake; every dollar is precious and overseeing , the$e funds for the people we represent; this policy is fraught with risk; and the Council should not subject public funds to any risk. In response to Council Member Henderson, Finance Director Falconer stated , he is only aware of one city, Indio, which utilizes a portfolio manager in the Co~chella Valley; explained that upon approval of this item, staff will submit an fi:lFP for Council's approval; stated staff will also request further direction from the Council for implementation; and explained enthusiasm toward this item from the Investment Advisory Board has changed due to two members lea\!ing and the appointment of two new members and are coming up to speed on this matter. Fin~nce Director Falconer referred to the Treasurer's report for July and August and explained the benchmark levels. In response to Council Member Henderson, Finance Director Falconer stated he IJoes work with three brokers for investment of funds; and explained the InvE!'stment Advisory Board will be presented with the same information submitted to the Council for review. In response to Council Member Kirk, Finance Director Falconer confirmed the custodian of funds will be held by a third party custodian which is the Bank of New York and stated there will be no change of custodian, but an additional account will be established to monitor the securities; and explained there is no additional risk to loosing the principal amount with the third party custodian. City Council Minutes 8 September 18, 2007 Council Member Kirk further stated the Council is spending a great amount of time on this issue; and conveyed his concern of making this matter more comments that it needs to be. Council Member Osborne stated to compare this potential policy to betting on horses or to playing on the freeway is ridiculous; we are mandating the policy for the portfolio manager to follow, and will have a third party custodian; incident that happened close to 15 years ago will not be duplicated because this firm will not have custody of funds; and suggested to open the process for a year and review at that time. Council Member Sniff stated having dealt with conspiracy with the Weimer situation 1 5 years ago and to disregarding any of those situations is fool- hearty; thieves are constantly figuring out a scheme to get to the money; to indicate there is no risk is short-sighted and fool-hearty; sometimes loose money on a trade and this is a volatile world and market; and stated will not and cannot support this item. Council Member Henderson stated have been a very conservative city and does not see this issue moving away from being conservative; had the opportunity to review the Weimer matter and there were third party custodians; appreciates that the principal will be safe, however the process is to open the door to increase the growth rate; as long as the City Council has leftovers from the Weimer days, this will be a challenge; cannot support the ordinance at this time; likes being conservative, safe, and knowing who is control of our funds; doesn't see the real need to implement a portfolio manager; would say it is worth it to get information regarding how many the 478 cities in Southern California have portfolio managers and to get the language used to compare. Council Member Kirk conveyed his respect to those on the Council and members of the community who went through the challenges in the past; feels strongly by slightly diversifying investments could increase our funds which could translate to more police, etc; doesn't like hearing the fear mongering, and it has been explained there would be no more risk to the principal than we do now; here the third party custodian would be selected by either the Treasurer or the Investment Advisory Board and doesn't see any more risk, but does see additional reward; have given staff in a particular direction and staff has done a tremendous amount of work; and now are changing direction, we are wasting staff time and resources; disappointed we are revisiting this issue again; stated he will support this item and respectfully urged the other Council Members to support this item as well. City Council Minutes 9 September 18, 2007 Mayor Adolph explained when we start taking away the direction from the Fincjnce Director, we are going backwards; do have a problem when we start divE!rsifying funds; have a very conservative approach; nothing wrong with inv~sting and making more money for the City, but will not gamble with tax dollars; at this stage of the game, have reservations in regards to going in this direction. Coyncil Member Sniff commented on statement made that there could not be ~isk to the principal, which that is erroneous. MOTION - It was moved by Council Members Osborne/Kirk to take up , Ordinance No. 444 by title and number only and waive further reading. Mo~ion failed by a vote of 2:3 with Council Members Sniff/Henderson and Ma\(or Adolph dissenting. 3. CONSIDERATION OF A REQUEST FOR AN EXTENSION FOR THE TIME COMPLETION OF OFFSITE IMPROVEMENTS FOR TRACT MAP 31798. WA:TERMARK VILLAS, WATERMARK GRANITE LA QUINTA. LLC. , Pub:lic Works Director Jonasson presented the staff report. , In response to Mayor Adolph, Public Works Director Jonasson stated staff has' not been able to meet with the applicant and explained they conditioned , the, perimeter improvements based on the updating of their permit free of charge. In rpsponse to Council Member Henderson, Public Works Director Jonasson, explained the applicant has asked for a waiver of fees to bring their building perr;nits current; stated the permits will be subject to new codes effective January 1, 2008, and has requested the City to expedite the plan check prd:ess to avoid implementing new codes. I Petljl Bolicke, 1282 Oaks Drive, Escondido, stated Innovative Communities have come before the Council regarding this issue in delaying the project; sta~ed they have been diligently working with the primary lender - and have corne to an agreement with the finance company to fund a C loan which should take place at the end of September; explained part of the funding source will enable Innovative Communities to complete the project; stated it is a mutual goal to bring this project back up; explained the plan check , process has prolonged the project; and requested the support of the City to expedite the completion of the project. City Council Minutes 10 September 18, 2007 In response to Council Member Osborne, Mr. Bolicke explained Innovative Communities met with the City of La Guinta to possibly modify the plan; stated they are requesting the City to waive any additional fees. In response to Council Member Osborne, Public Works Director Jonasson stated he is not aware this has not been done previously. Building & Safety Director Hartung explained if there are no changes to the current plans, there will no additional fees or plan check process. Council Member Sniff conveyed his disappointment of what has been allowed to happen at the site. In response to Council Member Henderson, Building & Safety Director Hartung confirmed the applicant has been conveyed the information regarding processing plans and issuing permits on the current plans; and explained the applicant has requested a waiver of fees in the approximate amount of $55,000, which staff has no authorization to approve. In response to Council Member Henderson, City Attorney Jensen stated there would be a concern of a gift of public funds if the Council were to waive the fees. Mr. Bolicke explained the funding mechanisms for the project; stated have paid for permits but have not been issued; requesting waiver permit fees only; and explained will not obtain signed loans unless permits are signed off; and stated the project is anticipated to be completed prior to the open of the Bob Hope Chrysler Classic, in response to Council Member Henderson. In response to Council Member Kirk, Building & Safety Director Hartung explained the permit fees include building, mechanical, plumbing, electrical inspections which they have paid the first time and the permits have expired; staff is considering the applicant has already mitigated the increased developer impact fees or new plan check fees. Public Works Director Jonasson explained through a change order, staff could fix the Avenue 52 median improvements; but to get the bonding company involved and complete the project before the Bob Hope Classic will be a challenge, in response to Council Member Kirk. In response to Mayor Adolph, Mr. Bolicke stated they can guarantee the funding will be in place by the end of December 2007; stated cannot sell real estate unless it is pristine by completing all improvements and be available to the public attending the Bob Hope Classic; stated in the next 30-45 days the City Council Minutes 11 September 18, 2007 project will be full board; stated have received all approvals except for the entrty gate. City Attorney Jensen explained the recourse available to the City is the pr0gess to give notice, chance to cure, and then contact the bonding company. In response to Council Member Osborne, Mr. Bolicke explained the lenders worn't approve the funding unless a waiver of fees is received in the amount of ~55,000; and stated escrow closed in 2005 on this project. ! Mayor Adolph stated will have to trust Innovative Communities to complete the iproject in time to be presentable for the Bob Hope Classic. Council Member Sniff stated cannot believe let the palm trees die on the property; not sure believe statements. , Council Member Henderson stated the problem is meeting the deadline of January 14th for the Bob Hope Classic and we cannot do anything better on- sitef the project is important if not more so to the business community. RESOLUTION NO. 2007-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CA~IFORNIA, GRANTING AN EXTENSION OF TIME FOR THE COMPLETION OF 'THE OFFSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SU~DIVISION IMPROVEMENT AGREEMENT TO JANUARY 16, 2008, FOR TR4cT MAP 31798. WATERMARK VILLAS, WATERMARK GRANITE LA OUINTA, LLC. It ~as moved by Council Members Henderson/Osborne to adopt Resolution No. 2007-084 as submitted. Motion carried 4-1 with Council Member Sniff dissenting. , I The City Council recessed to and until 7:00 p.m. , 7:00 P.M., PUBLIC COMMENT - None I City Council Minutes 12 September 18, 2007 PRESENTATIONS - None PUBLIC HEARINGS 1 . PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING 11 TENTATIVE TRACT MAP 34968, SUBDIVIDING 14.5 ACRES INTO 19 NUMBERED LOTS AND ONE LETTERED LOT (THE MADISON CLUB VILLASl; 21 CONDITIONAL USE PERMIT 2007-104, ALLOWING SPECIAL PRODUCT TYPES; AND 31 SITE DEVELOPMENT PERMIT 2007-888 FOR ARCHITECTURAL AND LANDSCAPING PLANS FOR THE MADISON CLUB VILLAS LOCATED ALONG THE SOUTH SIDE OF AVENUE 52 AND THE EAST SIDE OF MADISON STREET. APPLICANT: EAST OF MADISON, LLC. Principal Planner Sawa presented the staff report. In response to Council Member Sniff, Planning Director Johnson stated the width varies from 28 to 40 feet in between Humboldt Drive and the perimeter wall; explained the area is fairly narrow and the trees proposed is consistent with essentially the entire perimeter of Madison Club; explained the trees will be irrigated by a drip system. In response to Council Member Kirk, Principal Planner Sawa explained staff suggested holding the neighborhood meeting and the perspective of those in attendance ranged from understanding to mildly supportive. Planning Director Johnson, confirmed the most significant issue is the height of the design on Humboldt Blvd.; explained if eliminated the perimeter landscaping there would create a massing issue; confirmed the landscaping was not proposed to be removed, in response to Council Member Kirk. Council Member Henderson confirmed the massing problem has been mitigated by the landscaping proposed. In response to Mayor Adolph, Planning Director Johnson stated the Madison Club will be responsible for all the trees installed and stated staff will confirm. The Mayor declared the PUBLIC HEARING OPEN at 7:23 p.m. The applicant explained the project has wavered on for many months; worked with staff to address the issues related to this submittal; and have gone to great extent to address the views from adjacent properties. City Counc'il Minutes , I , , In response to Council Member Sniff, the applicant stated the water source will be canal water. , 13 September 18, 2007 COl1ncil Member Sniff conveyed his concern of the amount of salt in the canal water. The, applicant stated the architecture style contains deep recesses, in response to Council Member Sniff. In tesponse to Council Member Henderson, the applicant explained and defired the use and design of the landscaping in relation to the CVWD Lush Bodk; explained the use of the Pepper trees; and stated the one problem on the !Iandscaping for the Hideaway is the berm. I , In rj;sponse to Council Member Kirk, the applicant stated he does not know if tile landscaping is subject to the new or old CVWD rules; however the conbept has been pre-approved; stated they are satisfied with the current plans relating to turning radius within the courtyards on the property. , Pub:lic Works Director Jonasson stated staff has reviewed the plans and are satisfied with the turning radius, in response to Council Member Kirk. ! The; applicant confirmed there is a mixture of Villa Type I and II; explained the, elevations do not do the project justice, which do not show lines, and the 'touch stone for architectural style, in response to Council Member Kirk. In r~sponse to Mayor Adolph, the applicant explained the reason to break up the: windows with panels was due to the architectural style of the project; confirmed each unit has it's own pool; and explained they have been unable , to qome to a financial conclusion regarding the under grounding utilities on Mofilroe; and explained work is underway for the Madison Street improvements on the west side and will complete the Hideaway side shortly, and stated the improvements will continue the first of the year as there is a , problem with under budgeting for dirt removal. Jeff Fiddler, 52-225 Shining Star Lane, stated he had a choice to choose an inte!rior lot, but chose a house on the perimeter; very impressed, with the installation of mature trees on the perimeter; attested to purchasing a house on the perimeter; and welcomed the Madison Club project. , There being no other requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:01 p.m. City Council Minutes 14 September 18, 2007 Council Member Henderson commented on the installation of mature trees and stated Madison Club is a grand project. Council Member Kirk agreed with Council Member Henderson's comments and stated the project has a fantastic land plan and project; quibbled over the architecture but only because of the high standards already in place in the area. Council Member Osborne stated he had some concern of the proximity of properties to neighboring projects but is satisfied with the mitigation of the landscaping. Council Member Sniff stated this is a stellar project and is supportive for approval. RESOLUTION NO. 2007-085 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINT A, CALIFORNIA. APPROVING TENTATIVE TRACT MAP 34968, SUBDIVIDING 14.5 ACRES WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT INTO THE MADISON CLUB VILLAS (EAST OF MADISON, LLC.l. It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2007-085 as submitted. Motion carried unanimously. RESOLUTION NO. 2007-086 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2007-104, ALLOWING SPECIAL PRODUCT TYPES FOR THE MADISON CLUB VILLAS WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT (EAST OF MADISON, LLC.l. It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2007-086 as submitted. Motion carried unanimously. RESOLUTION NO. 2007-087 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, APPROVING SITE DEVELOPMENT PERMIT 2007-888, INCLUDING ARCHITECTURAL AND LANDSCAPING PLANS FOR THE MADISON CLUB VILLAS WITHIN THE MADISON CLUB RESIDENTIAL DEVELOPMENT (EAST OF MADISON, LLC.). , , , . City Counc~1 Minutes 15 September 18, 2007 It vyas moved by Council Members Osborne/Sniff to adopt Resolution No. 2007-087 as submitted. Motion carried unanimously. 2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING AN EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2003-074 AND SITE DEVELOPMENT PERMIT 2003-762 FOR A PREVIOUSLY-APPROVED PROJECT TO ALLOW CONSTRUCTION OF A SE~IOR RETIREMENT COMMUNITY CONSISTING OF, APPROXIMATELY 166 INDl:PENDENT LIVING UNITS, 20 ASSISTED LIVING UNITS. 18 DEMENTIA CARE BEDS, AND 20 SKILLED NURSING BEDS ON 14:t ACRES LOCATED AT iTHE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50.! APPLICANT: WESTPORT LA QUINTA, L.P. Prinicipal Planner Sawa presented the staff report. I In response to Council Member Kirk, Principal Planner Sawa confirmed both , southeast and northeast corners were processed at the same time; the northeast corner is planned for low-density; the applicant warranted medium high density was the nature of this project for the significant increase in density; there is a potential for a bait and switch for the development of a mo~e intense medium-high density project and explained the process Pub'lic Works Director Jonasson explained the project is unable to discharge storm water into the evacuation channel due to the pending rework of the MPpS permit for all development to waterways of the U.S. which are currently being raised, where the City must be indemnified, and staff is trying to impose these requirements on new development, in response to Coyncil Member Henderson Coyncil Member Henderson conveyed her disappointment of the challenges the. project has faced; stated had heard this project was going away, and novt will end up with some property potentially developed in a higher density. . I I Th~ Mayor declared the PUBLIC HEARING OPEN at 8:17 p.m. Brian Dab, holding advisor, gave background as to how the property was , acquired; and explained the entrance fee model for residents. , , In response to Council Member Osborne, Mr. Dab stated the property has beer for sale since the end of 2006 and confirmed the property could sell easIly if planned for higher density. City Council Minutes 16 September 18, 2007 ' There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:25 p.m. Council Member Kirk stated he appreciates the sincerity and honesty of the applicant and will support an extension; and stated if the project doesn't move forward as envisioned would entertain to develop as originally proposed. In response to Council Member Henderson, Planning Director Johnson stated the neighborhood is predominately developed as low-density. Council Member Sniff stated he agrees with Council Member Kirk and is willing to support the adoption of the resolution. Council Member Osborne stated the developer must obtain Council approval for any proposed project with higher density; and supports staff recommendation to extend to September 18, 2008. RESOLUTION NO. 2007-088 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A TIME EXTENSION FOR A SENIOR RETIREMENT COMMUNITY LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 (CONDITIONAL USE PERMIT 2003-074, EXTENSION NO.1 - WESTPORT LA QUINTA. L.P.l. It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2007-088 as submitted. Motion carried unanimously. RESOLUTION NO. 2007-089 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA. CALIFORNIA, APPROVING A TIME EXTENSION FOR DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 14:t ACRES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 (SITE DEVELOPMENT PERMIT 2003-762. EXTENSION NO.1 - WESTPORT LA QUINTA, L.P.I. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2007-089 as submitted. Motion carried unanimously. City Council Minutes 17 September 18, 2007 4. CONSIDERATION OF CIVIC CENTER AC!KNOWLEDGMENT AREA APPLICATIONS. CAMPUS VETERANS Corj"lmunity Services Director Hylton presented the staff report. MOTION - It was moved by Council Members Henderson/Kirk to authorize the' submitted names of veterans to be included on the Veteran's , Ac~nowledgment Area and authorize the expenditure of Art in Public Places fun<:ls in an amount not to exceed $3,000 to add the names to the bronze plat~s. Motion carried unanimously. , Coyncil Member Sniff suggested installing a sign displaying the names. 5. CONSIDERATION TO AWARD A CONTRACT TO CONSTRUCT THE AVENUE 52 . MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-03. Pub:lic Works Director Jonasson presented the staff report. MO~ION - It was moved by Council Members Sniff/Kirk to appropriate unassigned Redevelopment Project Area No. 1 funding in the, amount of $511,600 and award a contract to Park West Landscape, Inc. in the amount of :$978,462 to construct the Avenue 52 Median Island Landscape Retlabilitation Improvements from Jefferson Street to Washington Street. M01ion carried unanimously. I In response to Council Member Henderson, Public Works Director Jonasson explained although this project may seem similar to the Bob Hope Parking Lot project, the contractor did not submit a bid for the Temporary Parking Lot Improvements at the SilverRock Resort, therefore staff is unable to negotiate with the contractor for that project. Co~ncil Member Kirk proposed a variation of the suggestion of negotiating witl1 the low bidder to augment the budget with the condition of the landscape park architect contract with a certain low bidder; and in terms of min'imizing risk, the potential threat would come from the two other bidders, and! if this was conditioned to be release liability from those two, in the interest of doing business with the City, and allow the landscape architect to retain a certain subcontractor. Public Works Director Jonasson stated the public contracts code prohibits removing 25% or adding 25% of the con~ract . City Council Minutes 18 September 18, 2007 In response to Council Member Henderson, Public Works Director Jonasson, confirmed the landscape design is similar to the SilverRock perimeter and there is no turf. Engineering Consultant Nickerson stated the City is making every effort to keep all the trees in the desertscape pallet, although some of the trees are some older tress that aren't ready to stay, and indicated the majority of the trees will remain, in response to Mayor Adolph. Council Member Henderson stated the irrigation need is different for desertscape. Council Member Kirk stated from a maintenance stand point and consistency standpoint, landscaping defines a community, the canopy is the only thing that identifies the area. 6. CONSIDERATION OF A RESOLUTION DESIGNATING SPEED LIMITS ON CERTAIN STREETS. Public Works Director Jonasson presented the staff report. A presentation was given by Willdan representative, Vanessa Munoz. In response to Council Member Sniff, Ms. Munoz explained the estimates were collected during the day on Monday, Wednesday and Friday, and during peak hours. Mayor Adolph stated most Citizens want speeds reduced, not increased; suggested to put up signs which states speed limit in the Cove is 25 mph; and stated many of the residents on Avenida Bermudas have difficulty backing out of their driveways. Council Member Henderson stated drivers tend to drive Eisenhower faster going north because it is going downhill. In response to Council Member Osborne, Ms. Munoz explained the rules changed a few years ago regarding the E&T Survey. City Attorney Jensen explained that there may be consequences of the enforcement of citations if the City Council sets speed limits not supported by the E&T Survey, in response to Council Member Kirk. City Counc!1 Minutes 19 September 18, 2007 I , , Police Chief Walker introduced Traffic Sgt. Dave Walton, who explained the use' of electronic devices to monitor speed; and stated speed limits must be supported by an E& T survey. , , In response to Council Member Kirk, Sgt. Walton explained police officers can I monitor speed without electronic devices by pacing speed with a patrol car. I I Council Member Kirk stated an obnoxious example of the Council's concern to ihcrease speed limits is where the speed limit in front of the La Guinta Police substation is currently 25 mph and it is proposed to increase to 35 mp~. , , , COl1ncil Member Henderson stated the Cove was established as a special dist~ict where the maximum speed is 25 mph. , In r~sponse to Council Member Sniff, Sgt. Walton confirmed that crosswalks hav~ an impact to the speed limit. In r~sponse to Council Member Henderson, Sgt. Walton explained the more infrastructure the City establishes on the streets, the more comfortable the driver is on the roadway; law enforcement cannot be everywhere at once, but ,can utilize the tools provided; conveyed concern of winning the citations in court based on the E& T Survey. , Council Member Sniff stated Avenida Bermudas is somewhat different than the :southern part as it is more prone to acceleration and the siElewall(s raised cro~swalks are a disincentive to speed. I CoJncil Member Henderson conveyed her support to attain the 25 mph speed limit in the Cove (Village). , , I Council Member Kirk stated another speed increase which seems grossly high is Westward Ho and Dune Palms which is being proposed to increase another 10 mph where there are many students walking on those streets and cannot support increasing the speed limit. , , Public Works Director Jonasson stated in residential areas the prima facie spe~d is 25 mph, which will not be changing in the Cove or anywhere else in the ,City; and will still be able to enforce the 25 mph speed limit. Council Member Sniff suggested retaining the speed limits in the Cove at 25 mph, and the current speed limits on Westward Ho and Adams Street. City Council Minutes 20 September 18, 2007 In response to Council Member Osborne, Sgt. ,Walton stated he has been patrolling in La Guinta for eight months; and explained what constitutes a speed trap and the inability to use Radar and Lidar at Westward Ho. Council Member Henderson stated part of the problem is that the residents that face Westward Ho, which aren't many, are seriously impacted. Council Member Kirk suggested to reject the study at this time and direct staff to work with the consultant to resurvey and account for other factors on the segments of Avenida Bermudas, both segments of Westward Ho and bring back to the Council to establish enforceable limits. Council Member Henderson added to direct staff to work with Traffic Engineer Nazir Lalani to establish a park/school district in the La Guinta High School area. Public Works staff is working on a signalized crosswalk in front of the high school. In response to Council Member Kirk, Sgt. Walton explained the Department is receiving a 3% challenge in court, and the law allows the current survey can be extended for a seven year period. Council Member Sniff questioned if it was a problem to accept the report and request staff to review the designated segments of concern and modify the survey to enable staff to have an enforceable source. In response to Council Member Kirk, Sgt. Walton explained the report can be enforced for another two years by the motor officers who are Lidar/Radar certified. Sgt. Walton stated that not all tickets are issued based on Radar/Lidar, in response to Council Member Sniff. In response to Council Member Osborne, Ms. Munoz stated the second study could be concentrated on the concerned segments only. Ms. Munoz stated the study would take about a month to complete, in response to Council Member Sniff. Mayor Adolph requested that the intersection of Simon Drive and Washington Street be included in the survey Council Member Sniff stated he is pleased that both Chief Walker and Sgt. Walton are present for this item on the agenda. City Coundl Minutes 21 September 18, 2007 , MOTION - It was moved by Kirk/Henderson to reject the speed limit study and direct staff to work with the consultant to resurvey certain segments (Avenida Bermudas, between Calle Tampico and Avenue 52; Fred Waring; and both segments of Westward Hol and bring back to the Council to est"blish enforceable limits; and work with Traffic Engineer Nazir Lalani to establish a park/school district on Westward Ho. Motion carried una~imously. STUDY SESSION 1. DISCUSSION OF TRAFFIC IMPACTS OF DEVELOPMENT PROJECTS. Public Works Director Jonasson presented the staff report. , In response to Council Member Henderson, Engineering Consultant stated CVAG is not presenting numbers from 1987; explained CVAG has hired a transportation planner who is using the basics which have been validated and calibrated, and are updating it with other numbers they have been collecting; and stated they are using a model for Vista Santa Rosa which is based on the CV A TS. PUQlic Works Director Jonasson confirmed when CVAG updates the CVATS, we 'will have a region-wide view of Highway 111 and the surrounding area, in rfsponse to Council Member Henderson. Engineering Consultant Nickerson explained the compilation of the model is a compilation of all the general plans and land use and the traffic generated. Council Member Sniff stated in essence it will still be a snapshot and could be invalid in a week. In response to Council Member Sniff, Public Works Director Jonasson stated the'thought was to have Jefferson Street as an alternative to Washington Str~et for traffic flow, but there are too many commercial attractions on Washington Street; and explained the greatest burden of traffic is the north/southbound traffic, especially on Washington Street. , Mator Adolph stated we will have to accept traffic on Highway 111 and Wa~hington Street when at capacity. Council Member Henderson stated the signal synchronization is working wo~derfully on Washington Street. City Council Minutes 22 September 18. 2007 Mayor Adolph stated common sense indicates that we are going to have six lanes with a median and turn outs on our major highways; if synchronization of signals is established, drivers will have to wait at side streets when at capacity. In response to Council Member Osborne, Public Works Director Jonasson explained the Jefferson Street/Interstate 10 improvements have some environmental hurdles to overcome; and Indio/CalTrans anticipates beginning construction in 2010. Council Member Kirk stated one of the things that appealed to him when moved to the Coach ell a Valley was the planning and insight to environmental issues which have been addressed proactively and have been on the leading edge; staff is looking for direction of either Alternative 1 or 2 and he favors No.2; further stated the City must be imaginative and creative now and invest in looking for some opportunities that may help alleviate traffic; conveyed his concern of a place holder in our DIF funds without any specific traffic improvements; and stated the City must be aggressive on the next phase of traffic improvements. Council Member Sniff stated he agreed with the comments made by Council Member Kirk and suggested to look into diverting traffic to Jefferson Street; and suggested some type of elevated toll roads over the channel as a valley- wide solution, with the restriction of no commercial traffic. Council Member Henderson stated it is hard to have a discussion without being drawn to a specific portion of development; there is a need to give direction to staff; understand staff has issued a number of engineering bulletins; and questioned what is triggering the need for an EIR relating to Engineering Bulletin No. 13. Public Works Director Jonasson explained that engineering bulletins are intended to guide the developers when preparing traffic study reports but do not necessitate an EIR, in response to Council Member Henderson. Mayor Adolph stated the City cannot increase the intersection of Highway 111 and Washington Street, and cannot physically increase to more than six lanes; and the same applies at the intersection of Fred Waring and Washington; and questioned the need hire a firm to compile a study. Council Member Sniff stated the City is looking at short-term adjustments and long-term solutions in a more global fashion; and suggested to bring back a list of alternatives and move forward with a grand solution. , City Council Minutes , , 23 September 18, 2007 Mayor Adolph stated if someone would have initiated a cross-valley parkway 25 years ago, it would have eliminated many of our traffic problems. In response to Council Member Henderson, City Attorney Jensen explained the City would need to change the General Plan in order to visit the tolerance , - of I-evel Service D. Public Works Director Jonasson stated staff could review the matter for certain intersections; and confirmed a 90% volume capflcity ratio defines level of service for D.7 Cotjncil Member Kirk suggested to focus on Alternate No. 2 but not to eliminate No.1; and reinforced there is no need to waste money on a study and stated there are many discretionary trips on Highway 111 and Washington Street; and suggested investigating grant funding for structural changes or promoting detours. Council Member Osborne stated to implement Alternate No. 1 and consider Alternate No.2 when the numbers from CVAG have been updated. , Council Member Henderson stated there is a challenge with being in front of the nexus. The: Council concurred to implement Alternative No. 1 right away, and look at the potential for regional funding for Alternative No.2. REPORTS :AND INFORMATIONAL ITEMS CVAG Pul>lic Safety Committee - Council Member Kirk reported Chief Walker and he listene~ to a presentation of alternatives to traffic enforcement at the Palm Desert station; and stated the Transportation Committee , CV AG Tr~n~portation Committee - Council Member Kirk reported the Committee approved study reports fully funded by regional funds for interchanges in Indio and Coachella! I Coach ell a ' Valley Mosquito and Vector Control District - Council Member Henderso~ stated she attended her first meeting, and reported there are some legal challenges with the District and will distribute a report she received. _ , I League of! California Cities - Council Member Henderson reported she and Council Member 0sborne attended the Annual Conference, and stated former Attorney General Jerry Brown was a speaker who addressed the enforcement of state law regarding green house gas reduction. City Council Minutes 24 September 18, 2007 Riverside County Transportation Commission - Council Member Henderson reported Director Eric Haley is retiring by the end of November; stated the District is going through the interview process now; and stated Hidaus Huego. is also retiring. CV AG Energy and Environmental Resources Committee - Council Member Sniff stated there were not major issues to report. CV AG Homelessness Committee - Council Member Osborne reported the Committee held special meetings on September 14, 17 and 18, 2007, in Indio to receive public comment on the new proposed multi = service center. Sphere of Influence Subcommittee - LO - challenge is the financial aspect, getting formula in place; need to get back to the RBF development plan; and may have a proposed annexation soon. Council member Henderson questioned if the annexation is coming to the Council on October 2, 2007. City Manager Genovese stated the item will be presented to the Council either October 2 or 16 as a Study Session item. Council Member Henderson further questioned if the subcommittee is bringing something forward by a marathon calendar; and stated she would like to see an annexation before LAFCO before the end of the year if it is viable. CV AG Executive Committee - Mayor Adolph reported approved the MOU to extend the Coachella Valley Fringed-Toed Lizard permit to allow the completion of the Multi-Species Plan; and the EIR for the recirculated Multi-Species Plan. SilverRock Resort Ad-hoc Committee - Mayor Adolph stated the Committee talked about many issues and reported the Resort is progressing well. * * * * * * * * * * * * * All other reports were noted and filed. DEPARTMENT REPORTS 3-B. MEETING SCHEDULE FOR JOINT CITY COUNCIL/COMMISSION MEETING. After a brief discussion, Council directed staff to schedule a joint City Council/Commission meeting on October 23, 2007. City Council Minutes I 25 September 18, 2007 3-C. VOLUNTEER POLICE AND FIREFIGHTER'S ANNUAL DINNER AND HOLIDAY OPEN HOUSE. I AftEilr a brief discussion, Council directed staff to schedule the Volunteer Polipe and Firefighter's Annual Dinner on November 1, 2007 and the Holiday Open House on December 7, 2007. I , I MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING WATER CONSERVATION. I Council Member Kirk discussed concerns of regional water supply from the Colorado River; suggested Steve Robbins from CVWD give a presentation on the ;situation at the October 2, 2007 City Council meeting. The City Council concurred. I * * * * * * * * * * * * Mayor Adolph stated he spoke with Rick Daniels who conveyed he will be sending his resignation as a member of the Planning Commission; and rec$ived a list of applicants received during the last recruitment from staff. , , , COl.jncil Member Henderson suggested to consider receiving additional applications as some may have not applied due to the consideration of the reappointment of Mr. Daniels during the last recruitment. Council Member Kirk stated Mr. Daniels submitted his application on the last day, of the recruitment period, and those who applied were under the impression that there was a vacancy. I , Council Member Sniff suggested the City Clerk contact the applicants on file for interest and report back to Council. I The City Council concurred. , I Vista Grande Update Police Chief Walker gave a presentation regarding the Vista Grande area and the, number of calls for service; explained the majority of the calls for service have been received in the last two months following the installation of the gate. I City Council Minutes 26 September 18, 2007 In response to Mayor Adolph, Chief Walker stated the officer's presence may have had an impact to the calls for service. Mayor Adolph stated he has received calls of complaints from the residents in the area and requested Chief Walker to investigate the complaints. Chief Walker explained the key is to educate residents of both communities in the area on the applicable laws, becoming good neighbors, and working with them in a realistic manner. ADJOURNMENT There being no further business, it was moved by Council Members Osborne/Sniff to adjourn. Motion carried unanimously.