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2008 05 06 CC MinutesLA QUINTA CITY COUNCIL MINUTES MAY 6, 2008 A regular meeting of the La Quinta City Council was called to order at the hour of 4:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Kirk, Sniff, Mayor Adolph ABSENT: Council Member Osborne MOTION - It was moved by Council Members Sniff/Kirk to excuse the absence of Council Member Osborne. Motion carried unanimously. PLEDGE OF ALLEGIANCE PUBLIC COMMENT James Vaughn, 2815 Towns Gate Road, Suite 330, Westlake Village, reported on the status of finalizing the development agreement for Eden Rock; stated Crowne Point cannot sign the agreement due to the provision of a rental tracking system that places a burden on the PGA West Homeowners' Association; expressed disappointment about the ordinances not being on the agenda for second reading; and requested this item be placed on the next agenda for discussion. Mayor Adolph turned the meeting over to the senior member of the City Council, Council Member Sniff, due to a potential conflict of interest arising from his personal residence in PGA West. Council Member Henderson recommended this matter be appropriately agendized fcr the next agenda. Council Member Kirk stated he reviewed the letters submitted by'the applicant; stated it was not his intent to incorporate a rental tracking system 'into the agreement, and requested it be removed from the agreement; and requested a report from staff as to why it was not removed. City Attorney Jenson explained the inclusion of a rental tracking system was not to encourage rentals, but rather to facilitate the TOT; stated the provision can be deleted, but the ordinance would have to be re-introduced. Council Member Henderson agreed the idea was not to encourage rentals, but it was to provide some sort of tracking system, whether through the homeowners' City Council Minutes 2 May 6, 2008 association or another source; she noted otherwise we would have no way of knowing. City Attorney Jenson stated the reporting of rentals is an independent requirement that does not require rentals, but devises a process for one agency to report any rentals; the tracking system is separate and apart from the annual fee; she stated it was not staff's understanding from the City Council that the provision should be removed. Council Member Sniff asked if the item could come back for second reading with a modified ordinance for Council to consider. City Attorney Jenson explained the developer will not sign the agreement, and staff was directed to bring the ordinance back for second reading with an executed agreement. In 'response to Council Member Snifi, Ci,y Manager Genovese stated staff can agendize the ordinance as a first reading, but provide both alternatives so as not to further delay the agreement. Mayor Adolph left the meeting and recussed himself from the discussion. Council Member Kirk questioned if the City has ever required a rental tracking system for a project that did not include a TOT in-lieu fee. City Attorney Jenson confirmed it has been required for situations with converted commercial property; all of the agreements to date have required some sort of payment, and this is the first one we have not required an annual payment. Council Member Kirk further questioned if the City has required a rental tracking s;•stem for projects when no in-lieu TOT payment is involved. City Attorney .,';nson stated not to her knowledge. Assistant City Manager-Development Services Evans stated the Watermark Villas project has a rental tracking system without an annual payment. Council Member Sniff stated the remaining items and questions may be addressed at the next meeting. Larry Allen, 73-848 Cottontail Court, Thousand Palms, wished the City a Happy Birthday on its 26`h anniversary. Council Member Sniff noted Mr. Allen served on the first City Council, and was a major contributor to the City's history. City Council Minutes 3 May 6, 2008 ~' CLOSED SESSION -None CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None PRESENTATIONS -None WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Henderson to approve the City Council Minutes of April 15, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED MAY 6, 2008. 2. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF OFFSITE AND ONSITE IMPROVEMENTS FOR TRACT MAP 29436, HIDDEN CANYON, TRANS WEST HOUSING, INC. (RESOLUTION NO. 2008-029) 3. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF ONSITE IMPROVEMENTS FOR TRACT MAP 32751, CITRUS EL DORADO, CRAFTSMEN (check spelling) HOMES. (RESOLUTION NO. 2008- 030) 4. APPROVAL OF A ONE-YEAR CONTRACT EXTENSION WITH VINTAGE ASSOCIATES FOR THE PARK LANDSCAPE MAINTENANCE SERVICES CONTRACT FOR FISCAL YEAR 2008/2009. 5. DENIAL OF CLAIM FOR DAMAGES FILED BY MUKESH & MANISHA ENGINEER -DATE Or LOSS: MARCH 27, 2008. City Council Minutes 4 May 6, 2008 6. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MANAGEMENT ASSISTANT TO ATTEND THE MUNICIPAL MANAGEMENT ASSOCIATION OF SOUTHERN CALIFORNIA (MMASC) ANNUAL CONFERENCE HELD IN LA JOLLA, CALIFORNIA, JUNE 30-JULY 2, 2008. 7. AUTHORIZATION OF OVERNIGHT TRAVEL FOR ONE MEMBER OF THE CITY COUNCIL TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING CENTERS SPRING CONFERENCE IN LAS VEGAS, NEVADA, MAY 17-20, 2008. 8. APPROVAL OF A CONTRACT AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH OMNIS INCORPORATED TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) FOR THE LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. 9. - APPROVAL TO AWARD A CONTRACT TO GRANITE CONSTRUCTION TO CONSTRUCT THE HIGHWAY 111 STREET IMPROVEMENTS FROM ADAMS STREET TO JEFFERSON STREET, PROJECT NO. 2001-07A, AND AUTHORIZE THE CITY MANAGER TO INCLUDE THE STANDARD LANGUAGE IN THE CONTRACT. 10. APPROVAL TO AWARD A CONTRACT TO SIERRA LANDSCAPE TO CONSTRUCT THE AVENUE 54 MEDIAN ISLAND LANDSCAPE IMPROVEMENTS, PROJECT NO. 2006-09. 11. APPROVAL TO AWARD A CONTRACT TO MOCON CORPORATION TO CONSTRUCT THE AVENUE 52 BRIDGE IMPROVEMENTS, PROJECT NO. 2005-02. :12. APPROVAL OF AN AMENCMENT TO A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN FOR TRAFFIC ENGINEERING SERVICES. 13. AUTHORIZATION OF OVERNIGHT TRAVEL FOR THREE MEMBERS OF THE CITY COUNCIL AND THE CITY MANAGER TO ATTEND THE 2008 LEAGUE OF CALIFORNIA CITIES MAYORS AND COUNCIL MEMBERS EXECUTIVE FORUM TO BE HELD IN SQUAW CREEK, CALIFORNIA, JUNE 4-7, 2008. Council Member Henderson referenced Item No. 9, and asked about the possibility of completing the project before December 15L. Public Works Director Jonasson stated no incentive pay was included in the contract, but he anticipates the bulk of the work will be done by Thanksgiving. City Council Minutes 5 May 6, 2008 City Manager Genovese noted the standard incentive language can be included in the contract if Council wishes. Council Member Henderson requested the City Manager be authorized to include the incentive clause in the contract. Mayor Adolph asked if the City has an agreement with the City of Indio to continue construction in the area between Costco and the Mobil station. Public Works Director Jonasson stated staff has a verbal agreement with them, and they have signed the plans, but staff will follow-up with a Memorandum of Understanding (MOU) to memorialize the verbal agreement. MOTION - It was moved by Council Members Sniff/Henderson to approve the Consent Calendar as recommended, with Item No. 9 being amended to include authorization for the City Manager to include an incentive clause in the contract, and with Item Nos. 2 and 3 being approved by RESOLUTION NOS. 2008-029 through 2008-030 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF THE 4~" QUARTER COMMUNITY SERVICES GRANTS AND FUNDING REQUESTS. Community Services Director Hylton presented the staff report. Council Member Henderson suggested dealing first with the request for clarification as it is important because the City operates on a fiscal year; and stated she fully supports the Committee's recommendation. Marlene McNulty, 43-465 Warner Trail, Palm Desert and Andrea Dooley, 54- 700 Avenida Obregon, La Quinta, displayed two quilts made by Quilting for Good Times, and stated the quilts are donated to the Ronald McDonald House. Denise DuBarry Hay of Palm Springs Women in Film, thanked the City for its past support, and stated the site has over 700 listings. MOTION - It was moved by Council Members Sniff/Kirk to approve the recommended changes to the Grant Guidelines; clarify the time frame between fiscal and calendar year, and approve Community Services Grant requests as follows: The Arthritis Foundation, 55,000; C.V. Rattlers Fast pitch Softball, Inc., 51,000; McCallum Theatre, 55,000; La Quinta High School Cheer, 52,000; Olive Crest, 55,000; Palm Springs Women in Film City Council Minutes 6 May 6, 2008 and Television, 53,000; Quilting for Good Times, 52,000; The Ranch Recovery Centers, Inc., 52,000; So-Cal Xtreme, Inc., 51,000; and Truman Elementary School, 51,400; and directed staff to clarify the language of the requests between calendar and fiscal year. Motion carried unanimously. 2. CONSIDERATION OF A COOPERATIVE MARKETING STRATEGY BETWEEN THE CITY OF LA QUINTA AND LOWE DESTINATION DEVELOPMENT FOR THE PROMOTION OF SILVERROCK RESORT. Management Analyst Casillas presented the staff report. John Fitzpatrick, Vice President of Lowe Destination Development, gave a presentation on the key objectives, web portal example, and LDD marketing examples. In response to Council Member Kirk, Management Analyst Casillas explained the City owns and hosts the .org website, and Landmark has been working on it. Mr. Fitzpatrick further explained there will be a mutual agreement to host and manage the .com website. Council Member Kirk expressed concern about management of the website, and requested information on how it will be done, who will manage it and how often will it be updated. Council Member Henderson stated she had thought staff was already establishing the .com website; agreed on the importance of having updated information on the website; and suggested establishing a schedule to update it routinely. Council Member Sniff expressed concern about the heading "Real Estate," and asked if the website would be used to sell interests in the hotel. Mr. Tom Devlin explained the website they created was to promote their first projc;ct, La Solana, a condominium hotel, and would be sold as real dstate. Council Member Sniff asked if the City would be subsidizing the selling of condominiums. Assistant City Manager-Development Services Evan stated the most complicated part of this is making sure the costs are divided so the City can conduct its business and Lowe can conduct theirs without the City subsidizing Lowe business; and stated the City Attorney will monitor the process so as not to overlap. In response to Council Member Sniff, Management Analyst Casillas stated staff can bring this item back for final approval by the City Council, subject to finalizing the contract and responsibilities. Assistant City Manager- City Council Minutes 7 May 6, 2008 Development Services Evans stated financial responsibilities will be defined in the next phase; stated staff can provide updates before the website is completed, and can bring the entire program before the City Council before it is launched. Council Member Sniff stated there are some sensitive subjects to consider such as control and management, and questioned who would be in charge of the website. Assistant City Manager-Development Services Evans stated management of the website is one of the key portions of the agreement to be worked out carefully and divide the costs appropriately between the two entities. He confirmed funding for the website will come from two sources, Lowe and the City; and stated staff would deal directly with Landmark through the contract, resulting in the involvement of three entities. Council Member Sniff stated the website has significant possibilities depending on how it is set-up and managed; and further stated the City wants the project to be successful as quickly as possible. Mayor Adolph stated the key issue he wants to see is the promotion of SilverRock being located in La Quinta. Council Member Sniff requested the contract be brought back to the City Council for approval. MOTION - It was moved by Council Members Henderson/Sniff to approve a cooperative marketing strategy between the City of La Quinta and Lowe Destination Development for the promotion of SilverRock Resort, and bring the contract back to the City Council for approval. Motion carried unanimously. 3. CONSIDERATION OF THE REINSTATEMENT OF JAMES N. ENGLE JR. AS PLANNING COMMISSIONER FOR THE REMAINDER OF HIS TERM ENDING JUNE 30, 2008. Mayor Adolph conveyed concern about Mr. Engle's attendance if he is reinstated to the Planning Commission. Council Member Sniff agreed, and suggested Mr. Engle be reinstated in hopes that he attends the meetings until the end of his term of June 30, 2008. City Council Minutes 8 May 6, 2008 City Attorney Jenson stated under the new Municipal Code, the Planning Commission can no longer excuse absences, and explained the provisions in the new code. MOTION - It was moved by Council Members Sniff/Kirk to reinstate Jim Engle as a member of the Planning Commission for the remainder of his term ending June 30, 2008. Motion carried unanimously. 4. CONSIDERATION OF A RESOLUTION APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 FOR FISCAL YEAR 2008/2009, AND A RESOLUTION DECLARING INTENT TO LEVY ANNUAL ASSESSMENTS FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND GIVING NOTICE THEREOF. Public Works Director Jonasson presented the staff report. RESOLUTION NO. 2008-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING THE PRELIMINARY ENGINEER'S REPORT FOR FISCAL YEAR 2008/2009 IN CONNECTION WITH LA QUINTA LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1. It was moved by Council Members Sniff/Henderson to adopt Resolution No. 2008-031 as submitted. Motion carried unanimously. RESOLUTION NO. 2008-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, DECLARING ITS INTENTION TO LEVY THE ANNUAL ASSESSMENTS FOR CONSTRUCTION, MAINTENANCE, AND SERVICING LANDSCAPING AND LIGHTING IMPROVEMENTS WITHIN THE BOUNDARIES OF THE TERRITORY, INCLUDED IN THE CITYWIDE LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1 AND TO LEVY AND COLLECT ASSESSMENTS PURSUANT TO THE LANDSCAPE AND LIGHTING ACT OF 1972 AND GIVING NOTICE THEREOF. It was moved by Council Members Sniff/Kirk to adopt Resolution No. 2008- 032 as submitted. Motion carried unanimously. City Council Minutes 9 May 6, 2008 5. CONSIDERATION OF A PROFESSIONAL SERVICES AGREEMENT WITH MUNIFINANCIAL TO FORM A CITYWIDE PARK DISTRICT TO FUND ONGOING MAINTENANCE OF EXISTING PARKS UNDER THE PROVISIONS OF THE LANDSCAPING AND LIGHTING ACT OF 1972. Public Works Director Jonasson presented the staff report. Council Member Henderson commented on not being able to move forward without the report, but it is not sure about establishing the park district. In response to Council Member Kirk, Public Works Director Jonasson stated staff has sourced the matter out to MuniFinancial because they are familiar with the district in the City and have worked with other cities on similar matters in the Valley. Council Member Sniff conveyed concern about having a continuing shortfall in the current district, and stated not obtaining a report would be a step backwards; and stated the City needs good solid information to make a decision. Mayor Adolph agreed, and noted as new parks are added, the costs will continue to rise; and stated there is a need to move forward on this issue. Council Member Kirk questioned if the scope of work is tied to the entire shortfall or just the parks component shortfall. Ms. Vasquez, of MuniFinancial, explained the scope of work is for the parks component only. Council Member Kirk asked if an increase could be imposed just for the medians without a study. Ms. Vasquez explained the district would have to comply with all the elements of Proposition 218, and a benefit analysis for medians would have to be completed. Council Member Kirk questioned the logic for not including the shortfall related to medians in this study. Public Works Director Jonasson explained the problem is how to attach the special benefit analysis to a median. Council Member Kirk inquired about the success rate in establishing this type of assessment. Ms. Vasquez stated the City of La Quinta is the first city to form a citywide park assessment district. In response to Council Member Kirk, Ms. Vasquez explained the key element of success (of what?) is the agreement of the City Council on this matter; and stated MuniFinancial would not be willing to consider an incentive contract. City Council Minutes 10 May 6, 2008 Council Member Henderson stated the challenge is the special benefit part of the district; stated the City wants the parks to be maintained for the benefit of the entire community and citizens who live farthest from the park will be paying less than those living closest to the park; and suggested discussing a constitutional amendment with State legislators to address this matter long- term. Ms. Vasquez stated the second key element to successfully establishing a district is community outreach and providing information on the benefits to the citizens, plans for the parks, and long-term issues. Council Member Henderson commented that might work if everyone pays the same. Ms. Vasquez stated there are easy connections to make for residents who reside close to a green, luscious park. Mayor Adolph noted one of the top priorities in the community survey was more open space and parks. Ms. Vasquez stated the City can implement a phased approach of the agreement and decide not to proceed at any time. Council Member Sniff noted the cost for parks is there regardless of whether or not a parks assessment district is in place, and there is no pleasant solution; stated the issue is whether the City is going to continue bearing the burden against the General Fund, and the City needs to be fiscally responsible and obtain the information; and asked if this type of park assessment had never happened or if MuniFinancial had just not been involved with one. Ms. Vasquez responded that to their knowledge, this type of district is just starting to be considered by other cities. Council Member Sniff spoke in support of obtaining the information, and noted it does not mean the City will implement it. MOTION - It was moved by Council Members Kirk/Henderson to approve a Professional Services Agreement with MuniFinancial to assist the City in potentially forming a Citywide Special Assessment District for parks under the provisions of the Landscaping and Lighting Act of 1972. Motion carried unanimously. Council Member Henderson asked if staff has positively reached a conclusion that the current assessment would not be eliminated should a request for an increase fail. Ms. Vasquez explained it would not automatically dissolve the existing district. Council Member Henderson stated as the City learns more about the benefit assessment district; we may revisit the current lighting and landscape district and shift the burden around. Council Member Sniff suggested directing the City Attorney to research the potential risk to our current assessment district. City Council Minutes 11 May 6, 2008 Council Member Henderson noted the potential ballot issue would have to come back as a public hearing. Ms. Vasquez confirmed there are some Proposition 218 issues that would need to be addressed if this district were to be balloted, and it would not be able to exist in its current state and just go for a straight increase. Council Member Henderson asked if that is because of the medians. City Manager Genovese explained Proposition 218 changed the special benefit district process. In response to Council Member Henderson, Ms. Vasquez confirmed the City would have to refashion the district if it wants to increase the assessment in a district established prior to Proposition 218; and stated establishing a parks district is the easiest process to clearly associate the special benefit nexus. City Manager Genovese stated the challenge is not just the increase, but also the matter of a special benefit, and explained the current district has dropped out some of the zones because of establishing the special benefit to certain property owners. Council Member Henderson stated it is better to leave the current assessment district alone. Mayor Adolph stated all of the information will become available and the City Council can decide what direction to take on the matter. 6. CONSIDERATION OF MAYOR ADOLPH'S REQUEST THAT THE CITY COUNCIL EXERCISE CALL-UP REVIEW REGARDING TENTATIVE PARCEL MAP 35900 AND VILLAGE USE PERMIT 2007-039 LOCATED ON THE NORTHEAST CORNER OF AVENUE 52 AND DESERT CLUB DRIVE APPROVED BY THE PLANNING COMMISSION ON APRIL 22, 2008. Council Member Kirk recused himself from participating on this item due to a conflict of interest due to the proximhy to his residence. Mayor Adolph referenced the action taken by the Planning Commission and some of the property owners' concerns; conveyed concern about the need to provide onsite parking instead of on the streets. Council Member Sniff stated there are two issues to consider; call-up of the review, and onsite parking; stated the parking issue is something that should be looked at by staff and reported back to the City Council; and stated those in agreement with the new construction have no complaint. City Council Minutes 12 May 6, 2008 Mayor Adolph stated the City Council has previously directed the applicant to work out concerns with the neighboring residents. Skip Lynch, 78-215 Calle Cadiz, stated the property along Desert Club Drive was originally zoned Commercial; stated the applicant discussed the building of a restaurant with the residents in the area who agreed with the project; and stated the City should be more sensitive to impacts of commercial development on the residents in the area. MOTION - It was moved by Council Members Sniff/Henderson to exercise the City Council's call-up review regarding the Planning Commission's decision on April 22, 2008 of Tentative Parcel Map 35900 and Village Use Permit 2007-039. Motion carried by a vote of 3-0, Council Member Kirk absent. 7. CONSIDERATION OF CITY REPRESENTATION ON COACHELLA VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT. Council Member Sniff suggested no action be taken at this time until June 2008 for review and possible appointment. Council Member Henderson commented on the difficulty of serving on the Board, but stated she rarely walks away from anything; explained there are some issues with the Board, and the current Trustees are being requested to be reaffirmed and conform with the law to extend their terms to December 31, 2008 with new trustees being appointed at the first meeting in January 2009; stated the interim director began yesterday; stated many matters are coming back to the Board; and suggested extending the term to December 31, 2008, if the City Council is going to reaffirm her appointment. MOTION - It was moved by Council Members Sniff/Kirk to reconfirm Council Member Henderson's appointment to the Coachella Valley Mosquito & Vector Control District Board of Trustees and extend the current term to December 31, 2008, to coincide with the calendar year requirements of the Health & Safety Code. Council Member Kirk stated there is some question with the City of Indio as to whether or not trustees can be recalled, and asked for clarification regarding La Quinta's appointment. City Attorney Jenson confirmed that the City could not recall tF~e appointment once it is made, but that Council Member Henderson would most likely step down. Motion carried unanimously. City Council Minutes 13 May 6, 2008 STUDY SESSION 1. DISCUSSION OF THE CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD - COLORADO RIVER BASIN REGION (CRWQCB-CRB) DRAFT NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4) PERMIT (NPDES PERMIT) FOR THE WHITE WATER RIVER REGION, ORDER NO. 87-2008- 0001. Public Works Director Jonasson presented the staff report. Council Member Henderson asked if there is an outlet to make objections and possibly prevail on some of the objections, or let them know that we are not happy with what they are requiring. Mr. Terrance Gallagher, of Rutan & Tucker, stated the City can do it both ways and explained the role played in commenting on this permit at this point is to preserve every legal argument the City has under the law. Mr. Gallagher continued with the staff presentation. Public Works Director Jonasson introduced Mr. Jason Uhley, Riverside County Flood Control District, who explained the history of the issuance of the permit in the Coachella Valley. Council Member Henderson asked if the City of La Quinta is different from other cities in the Valley. Mr. Uhley explained the only cities named in the TMDL (Total Maximum Daily Loads) were those directly connected to the flowing portion of the channel and had flow coming from their storm drains; that resulted in Coachella being named in the TMDL and language in the permit speaking to their obligations in the TMDL and will not affect the City of La Quinta; explained the cities have entered into a cooperative agreement to control the costs and reduce the administrative burden to implement as many programs required regionally. Council Member Kirk stated he asked to have this item brought back to the City Council for a policy reason; does the City Council direct comments in advance or hear about them after the fact; has questioned why we have a 14-page comment letter on something we generally agree with and wherein the TMDLs do not affect us directly; stated he prefers the City Council seeing these matters in advance and giving staff direction regarding any comments; stated the Federal law is flawed and our interpretation of the law in this region is flawed; and stated the technical approach probably made sense but is not sure it made sense for the City to undertake it and would have preferred the City Council directing the comments. City Council Minutes 14 May 6, 2008 Council Member Henderson requested staff provide the basis of drafting an extensive analysis. City Attorney Jenson explained the Public Works Director had asked if staff from the City Attorney's office would be available to address this matter. Public Works Director Jonasson stated this permit has been evolving for quite some time; stated having gone through this in another jurisdiction, he saw our retention solving 95% of the problem; stated the TMDL aspect is relatively minor for this city to take on, but did ask the City Attorney's office to review the matter; and he apologized for not bringing it before the City Council. Council Member Kirk stated he doesn't see anything that he disagrees with, but it does involve some policy decisions and not just technical comments. Council Member Henderson stated she is not aware of when the City Council approved the permit; stated Council Member Kirk has surfaced a good conversation on this matter; stated the matter should come back for discussion if going to embark on a legal investigation. Council Member Sniff agreed Council Member Kirk's suggestions are valid, and commented on the 14-page letter. Mr. Gallagher stated the City was able to benefit from the experience with previous permits, and because the attorney's staff was requested to make comments on the TMDL, it was the attorney's comment that the City is not a discharger, which resulted in the City not being subject to the TMDL. Council Member Kirk stated if the City is going to weigh in on this matter, we should hear from the Regional Water Quality Control Board to make their case. The City Council recessed to and until 7:00 P.M. 700 P_M_ PUBLIC COMMENT -None PRESENTATIONS -None City Council Minutes 15 May 6, 2008 PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS TO APPROVE DEVELOPMENT GUIDELINES AND PRINCIPALS FOR SPECIFIC PLAN 2002-062, AMENDMENT NO. 2, AND ARCHITECTURAL AND LANDSCAPING PLANS FOR SITE DEVELOPMENT PERMIT 2007-898 TO ALLOW DEVELOPMENT OF A RETAIL SHOPPING CENTER ON 70.79 ACRES LOCATED AT THE SOUTHWEST CORNER OF JEFFERSON STREET AND FRED WARING DRIVE. APPLICANT: REGENCY MARINITA LA QUINTA, LLC. Principal Planner Stan Sawa presented the staff report. In response to Council Member Henderson, Planning Director Johnson explained the gate connecting the park to the retail site would be locked only if there is continual vandalism in the area. Council Member Henderson suggested the possibility of removing the gate. Planning Director Johnson explained the purpose of the gate is to provide access to the site for the residents through Monticello Park. Council Member Henderson stated the City has had several projects to create a walkable community, and understands the frustration of people trying to access the market if they live in the area; and stated a locking gate will not solve the problem. Mayor Adolph questioned where the gate would be located, and if there is an alternate access to the retail site. Planning Director Johnson explained without agate, the pedestrian access from the park would be out to Monticello, east to Fred Waring Drive and to the shopping center. Mayor Adolph conveyed concern about people walking through the area at night, bringing people in the back side of the building; and voiced overall concern about security for the area. The Mayor declared the PUBLIC HEARING OPEN at 7:25 p.m. Paul Lebay, 36 Executive Park, Irvine, presented a display showing the connection of the gate; explained the developer also has security issues as well, but it is one of the minor aspects of the project; stated the developer is committed to a sustainable and a LEEDS certified project, and they are comfortable with the proposed conditions; and explained market conditions City Council Minutes 16 May 6, 2008 have changed, but the developer has enough in the process to begin construction with the tenants already obtained. In response to Council Member Kirk, Mr. Lebay stated there are no conditions of approval dealing with a green building, but would like to work the green aspect into the project; and they would be amenable to an additional condition of approval for the intent of a LEEDS certified building. Mike Flynn, KGGY Group, 17-992 Mitchell South, Irvine, stated the developer would be acceptable to have something equivalent to LEEDS standards incorporated into the project; and explained the project is proceeding under the new construction guidelines and the project has a good shot at being LEED certified. In response to Council Member Henderson, Mr. Flynn explained the 42,000 square foot retail building would be specifically designed for the future tenant. Council Member Sniff stated if the developer can get something tangible, then there is an opportunity to obtain a tenant. Mr. Flynn stated there is usually a great deal of activity from prospective tenants once the first part of the project is built. In response to Mayor Adolph, Principal Planner Sawa confirmed landscaping in the parking lot meets the standards for shade. Planning Director Johnson further explained the developer is not proposing any changes to the perimeter walls and will meet the City's standards; and explained a condition was added to lower the grading to meet the adjacent residents' properties. Principal Planner Sawa confirmed the tree sizes meet the City's requirements as far as caliper and height; and stated staff will review a landscape plan from the applicant. In response to Mayor Adolph, Mr. Flynn explained the trees proposed in front of the buildings are in the parking lot and not directly adjacent to the building. Mayor Adolph stated trees are needed against the building to soften the facade and to provide shade for the outside eating areas. Mr. Flynn agreed and stated shade would be provided. Council Member Kirk asked if trees would be installed near the buildings. Mr. Flynn explained some planter areas are proposed to be installed closer to the buildings, and if there are to be more trees, they would have to be a columnar tree. He stated this is a conceptual plan, and it's their intent to follow it when they go back before the Architecture and Landscaping Review City Council Minutes 17 May 6, 2008 Committee. Council Member Kirk stated he understands the need to avoid larger trees in front of the smaller tenants, and questioned if larger trees could be placed in front of the larger tenants. Mr. Flynn stated installing larger trees would depend on the trunk size so as not to restrict the tree. In response to Mayor Adolph, Mr. Flynn confirmed the stone work will be consistent throughout the complex; and the Planning Commission conditioned to install landscaping to soften the back of the building from the neighboring residents. Mayor Adolph conveyed concern about the access of delivery trucks on Fred Waring Drive. Mr. Flynn explained the intent is to make a right turn on Fred Waring Drive and turn left into the development on the far west driveway. Mayor Adolph questioned if there is an existing left turn pocket on Fred Waring Drive into the property. Planning Director Johnson explained there is a left-turn pocket established in the improvements into the project. Mayor Adolph questioned if staff has considered the safety of turning across three lanes of traffic. Public Works Director Jonasson stated having a turn pocket allowing only left turns is much safer for vehicles, including trucks. Mayor Adolph stated the speed limits on Fred Waring Drive are very extensive; stated a truck making a left turn across three lanes of traffic from a dead stop is not a safe entrance to the development; and suggested the truck enter and exit on Jefferson Street. Mr. Flynn explained the truck can enter on Jefferson Street at the south driveway and access the OSH building, but the trucks must access the Fresh and Easy Market from Fred Waring Drive. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:46 p.m. Council Member Kirk stated this is a good project and defers to staff regarding the issues of traffic. RESOLUTION NO. 2008-033 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING SPECIFIC PLAN 2002-062, AMENDMENT NO. 2, TO ALLOW A RETAIL SHOPPING CENTER ON 10.7 t ACRES (REGENCY MARINITA LA QUINTA, LLC.) It was moved by Council Members Kirk/Henderson to adopt Resolution No. 2008-033. Motion carried unanimously. City Council Minutes 18 May 6, 2008 RESOLUTION NO. 2008-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR CONSTRUCTION OF A 90,441 SQUARE FOOT RETAIL SHOPPING CENTER ON 10.79 ACRES (SITE DEVELOPMENT PERMIT 2007-898 - REGENCY MARINITA LA QUINTA, LLC.) It was moved by Council Member Kirk to adopt Resolution No. 2008-034 as amended (with an additional condition of approval requiring the applicant to meet the intent of the LEEDS building standards). Council Member Sniff expressed concern about using the word, "equivalent." Council Member Kirk stated, as discussed earlier, the LEED standards may be problematic from different standpoints, and is satisfied with the applicant achieving the intent of LEED standards. Council Member Henderson noted "intent" is different than "equivalent." Council Member Kirk modified the motion to read, "with an additional condition of approval requiring the applicant to meet the intent of LEED green building standards." Council Member Henderson seconded the motion, as modified. Mayor Adolph questioned if the area designated for a hardware store is included in the 90,000 square foot area. Planning Director Johnson explained the area is included, but identified only as a pad at this time; and the applicant is conditioned to obtain approval of the 42,000 square foot pad for retail space. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS Coachella Valley Economic Partnership -Council Member Kirk reported Mr. Jim Ferguson explained his vision for the organization, including an increase in city contributions from 56,000 to 550,000 per year, which was rejected by the membership; and the organization suggested city contributions be increased from 56,000 to 512,000 with some short-term fusion of cash to help with the shortfall. Council Member Henderson stated she understood it would be a one-time increase City Council Minutes 19 May 6, 2008 of 55,000. Council Member Kirk stated the annual membership would increase from 56,000 to 512,000. Council Member Kirk stated he has been appointed to the General Plan Advisory Committee by the CVAG Executive Committee. Animal Campus Commission -Council Member Henderson reported she attended their fundraiser luncheon, which had an excellent turnout at a private residence with adoptable pets present. League of California Cities -Council Member Henderson reported the Riverside Division dinner meeting will be held on Monday, May 12, 2008, in Indian Wells; at the Board meeting in Sacramento a presentation was made on budget impacts; stated there was also a lengthy discussion on a policy statement the League staff can address regarding legislative issues; and reported the author of SB 375 was requested to make it a two-year bill, and indicated proposed changes are acceptable, but not likely to be adopted; and announced Bill Locklyer is carrying on (check wording) bond financing and how the municipalities are affected, and stated a letter in response is requested. Palm Springs Desert Resort Communities Convention & Visitor's Authority - Council Member Henderson referenced an invitation from Rod Brodheimer to attend a joint JPC meeting on Friday, May 9, 2008, at 9:00 a.m., at Las Palmas Resort in Rancho Mirage, for an open discussion of new financing structures and revenue; and stated each individual city is requested to adopt the proposal. CVAG Executive Committee - Mayor Adolph reported the Committee recommended a joint meeting between the CVAG Technical Advisory Committee, Executive Committee, and the Homelessness Committee to further discuss financial strategies for the homeless shelter. C. V. Joint Water Policy Board -Mayor Adolph reported revised water bills have been sent, and customers are noticing the increase of fees; and stated businesses were notified of the increase. SunLine Transit Agency -Mayor Adolph reported the Agency is reviewing the County's request for bus passes to issue to the homeless. All other reports were noted and filed. City Council Minutes 20 May 6, 2008 DEPARTMENT REPORTS 3-A. SCHEDULE TO CONSIDER COMMISSION APPOINTMENTS. The City Council concurred to schedule commission appointments for the June 17, 2008 meeting beginning at 2:00 p.m. and review an alternative schedule if a large number of applications are received. 3-B. SUMMER SCHEDULE FOR CITY COUNCIL MEETINGS. The City Council concurred to cancel the August 19 and September 2, 2008, City Council meetings. MAYOR AND COUNCIL MEMBERS' ITEMS 1. DISCUSSION REGARDING CVWD VS. CITY OF INDIO, INC 073838. Council Member Kirk presented an update to the litigation between Coachella Valley Water District (CVWD) and the City of Indio and his purpose for this item; and requested to be given latitude to work with staff and research what adjudication would mean for the City of La Quinta and the Coachella Valley. Mayor Adolph stated it would be beneficial to know how the City is involved in this issue. Council Member Kirk stated there are other organizations we can turn to, but they all have inherent conflicts; and stated the City of La Quinta is unique because we are the only city that doesn't have our own water authority and has a unique relationship with CVWD. Council Member Henderson asked for clarification on what kind of latitude Council Member Kirk is requesting; and stated what is being asked needs some answers. Council Member Kirk stated he is not asking to expand a tremendous amount of staff or legal time, but to work with the City Attorney and staff to compile a brief report on adjudication and what that means for the City; and would like to volunteer to be a liaison between staff, the City Attorney, and the City Council and report back at a future meeting. City Council Minutes 21 May 6, 2008 City Attorney Jenson stated she has spoken to the attorneys from the City of Indio and knows the CVWD attorneys very well, and can obtain information; explained the fourth cause of action includes that they adjudicate the rights; and stated Rutan & Tucker staff can compile something for staff. Council Member Sniff stated he does not understand where we are going with this. City Attorney Jenson stated the understanding is to coordinate with Council Member Kirk, review this matter, and make quick calls to obtain information. Council Member Sniff questioned what the danger with this matter is. City Attorney Jenson explained there are two dangers: 11 being brought into the lawsuit and having to deal with it; and 2) not being brought into the lawsuit and dealing with the consequences impacting the City through our availability of water from CVWD. Council Member Sniff questioned where Council Member Kirk is going with this issue. Council Member Kirk explained he would conduct some fact- finding, and determine if the City of La Quinta has a stake in the outcome of the lawsuit. Council Member Sniff questioned what the dangerous outcome could be. Council Member Kirk explained adjudication could throw the ground water basin into turmoil, which could include a significant impact on ground water pumpers, developers, farmers, and golf course operators, etc. Council Member Henderson commented on when the City had an opportunity to play in the game when the County formed its RDA and later amended the boundaries; and stated this could be something we could sleep through and maybe shouldn't. Council Member Henderson stated she was under the impression that she and Council Member Sniff were appointed to a committee to meet with the City of Coachella regarding the Sphere of Influence. City Manager Genovese stated staff has tried to contact the City of Coachella but has not received a reply; explained the City is involved in certain issues regarding the Sphere of Influence at the moment; and understands their request for a meeting has gone silent. Council Member Henderson stated working out some of the issues depends on the City of La Quinta relinquishing some of the Sphere of Influence to the City of Coachella to include in their new water service areas. Mayor Adolph questioned if Vista Santa Rosa can give a negative reply on the changes. City Council Minutes 22 May 6, 2008 City Manager Genovese stated staff will inquire with the City of Coachella again about having a meeting. Council Member Sniff referenced the recent passing away of Fred Simon, and suggested sending a letter acknowledging Mr. Simon's importance to the City and expressing our condolences. The City Council concurred. ADJOURNMENT There being no further business, it was moved by Council Members Henderson/Sniff to adjourn. Motion carried unanimously. Respec ully//s__ub~'mitte , ~ i~'G i~s~~~ ~.~,~ VERONICA J NTECINO, City Clerk City of La Quinta, California