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2008 10 07 CC MinutesLA QUINTA CITY COUNCIL MINUTES OCTOBER 7, 2008 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Adolph. PRESENT: Council Members Henderson, Kirk, Osborne, Sniff, Mayor Adolph ABSENT: None PUBLIC COMMENT -None CLOSED SESSION Council Member Osborne did not participate in Item No. 1 due to a potential conflict of interest due to LDD's affiliation with an HOA that is a client of his firm. 1. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of a portion of 525 t acres located at the southwest corner of Avenue 52 and Jefferson Street. Property Owner/Negotiator: LDD SilverRock, LLC., Theodore R. Lennon. Jr. 2. Conference with City's real property negotiator, Bret M. Plumlee pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of a portion of the parcel located at 54-001 Madison Street. Property Owner/Negotiator: Verizon/Robert McCormick. Council recessed to the Redevelopment Agency and to Closed Session to and until the hour of 4:00 p.m. 4:00 P.M. City Council meeting was reconvened with no decisions being made in Closed Session which require reporting pursuant to Government Code Section 54957.1 (Brown Act1. Mayor Adolph led the audience in the Pledge of Allegiance. City Council Minutes 2 October 7, 2008 PUBLIC COMMENT Bruce Pelletier, 77410 Highway 1 1 1, Chairman of US Tae Kwan Do, requested the City Council's support for a show to be held at the La Quinta High School on November 8, 2008. Edward Song, 77410 Highway 111, instructor at US Tae Kwan Do, requested the City's support for the exhibition event of Masters and Number One Demo Team; explained the studio is focusing on the City of La Quinta in hopes of this becoming an annual event. Mayor Adolph requested the program be published in the La Quinta Gem and City newsletter. City Manager Genovese stated staff will coordinate the publication of the event with Mr. Pelletier and Mr. Song Roger Hopkins, 54-155 Avenida Obregon, stated he hosted a party for the candidates running for Mayor and City Council in the November 4, 2008 General Municipal Election; conveyed his concern of plans for a dog park; and reviewed his proposal to establish a centralized dog park. Council Member Sniff stated he and Mayor Adolph attended the event hosted by Mr. Hopkins and that those in attendance conveyed their concern of the City establishing a dog park to accommodate larger dogs; and suggested staff make an effort to accommodate the request. Mayor Adolph stated he was at the dog park located at Miles and Washington, and observed there were half dozen people with dogs enjoying the park; stated he had spoken with the City Manager regarding two locations to place a dog park; and stated staff is looking at the feasibility to establish a dog park. Council Member Henderson requested this item be brought back to the City Council for discussion. CONFIRMATION OF AGENDA -Confirmed Mayor Adolph announced he will be adding an item under Presentations, and will address issues concerning the Andalusia development under Mayor and City Council Member Items. ANNOUNCEMENTS -None City Council Minutes 3 October 7, 2008 PRESENTATIONS Mayor Adolph presented a proclamation to Lynn Moriarty, Executive Director, on behalf of Shelter from the Storm in support of October as "National Domestic Violence Month." Ms. Moriarty thanked the City Council for their support. Mayor Adolph announced the organization is hosting an event at Agua Caliente Casino and Spa to raise funds for the organization. Mayor Adolph announced the Clean and Pristine event for the top of the Cove area will be held on Saturday, October 11, 2008, beginning at 7:30 a.m. WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Osborne to approve the City Council Minutes of September 16, 2008, as submitted. Motion carried unanimously. CONSENT CALENDAR Council Member Kirk requested Consent Calendar Item No. 7 be taken up separately. 1. APPROVAL OF DEMAND REGISTER DATED OCTOBER 7, 2008. 2. APPROVAL OF SECOND READING OF ORDINANCE NO. 459, AMENDING TITLE 11, CHAPTER 11.20 ("EXPLOSIVES") OF THE LA Q.UINTA CHARTER AND MUNICIPAL CODE TO ADD SECTION 11.20.220 TO PROHIBIT THE STORAGE, USE, POSSESSION, AND HANDLING OF SAFE AND SANE FIREWORKS. 3. ADOPTION OF A RESOLUTION REGARDING BENEFITS CONTRIBUTION FOR MANAGEMENT, CONTRACT MANAGEMENT, AND CONFIDENTIAL EMPLOYEES. (RESOLUTION NO. 2008-2008-056) 4. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR THE ASSISTANT ENGINEER II AND THE TRAFFIC SIGNAL TECHNICIAN TO ATTEND THE ITERIS VANTAGE VIDEO DETECTION TRAINING CLASS TO BE HELD IN SANTA ANA, CALIFORNIA, OCTOBER 14-15, 2008. City Council Minutes 4 October 7, 2008 5. APPROVAL OF RESTATED AND AMENDED EMPLOYMENT AGREEMENT BETWEEN THE CITY OF LA QUINTA AND THE CITY MANAGER. 6. APPROVAL OF REVISED JOB DESCRIPTION FOR DEPUTY CITY CLERK. 7. APPROVAL OF A REQUEST BY STAFF FOR CORRECTION OF A CLERICAL ERROR TO THE CITY'S GENERAL PLAN LAND USE MAP AND OFFICIAL ZONING MAP. (See separate action below.) 8. ADOPTION OF A RESOLUTION ACCEPTING PASSES FROM COACHELLA VALLEY RECREATION AND PARKS DISTRICT TO PHOENIX SUNS BASKETBALL GAME. (RESOLUTION N0. 2008-057) 9. APPROVAL OF CONTRACT AMENDMENT NO. 3 WITH PSOMAS, AND APPROPRIATE FUNDING IN THE AMOUNT OF 529,480, FOR THE PURPOSE OF PREPARING THE CITY-WIDE DRAINAGE ATLAS MAPS AND COMPLETING THE CITY'S MASTER DRAINAGE PLAN (MDP). 10. APPROVAL OF A RESOLUTION ACCEPTING THE STREET RIGHT-OF-WAY FROM PALM ROYALE COUNTRY CLUB HOMEOWNERS ASSOCIATION TO CONSTRUCT THE NEW TRAFFIC SIGNAL ON FRED WAKING DRIVE AT PALM ROYALE DRIVE, PROJECT NO. 2007-06. (RESOLUTION NO. 2008-058) 11. APPROVAL OF A REIMBURSEMENT AGREEMENT BETWEEN DESERT SANDS UNIFIED SCHOOL DISTRICT (DSUSD) AND THE CITY OF LA QUINTA FOR THE CONSTRUCTION OF A TRAFFIC SIGNAL AT THE INTERSECTION OF FRED WAKING DRIVE AND PALM ROYALE DRIVE, PROJECT NO. 2007-06. 12. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH BUTSKO UTILITY DESIGN INC., IN THE AMOUNT OF 549,000, TO PREPARE THE CITYWIDE UTILITY UNDERGROUNDING FEASIBILITY STUDY. 13. 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. (See separate action below.) 14. APPROVAL OF A PROJECT PROPOSAL FOR A COACHELLA VALLEY AIR QUALITY (CVAQ) ENHANCEMENT GRANT FOR THE COOPERATIVE LANDSCAPE WATER DEVELOPMENT PROGRAM. City Council Minutes 5 October 7, 2008 15. APPROVAL OF A REQUEST BY THE CHAMBER OF COMMERCE TO UTILIZE THE COUNCIL CHAMBERS FOR A CANDIDATES' FORUM ON OCTOBER 23, 2008. 16. ADOPTION OF A RESOLUTION AND SECOND AMENDMENT TO THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE LA QUINTA CITY EMPLOYEES' ASSOCIATION REGARDING BENEFITS CONTRIBUTION. (RESOLUTION NO. 2008-059) MOTION - It was moved by Council Members Sniff/Osborne to approve the Consent Calendar as recommended with Item Nos. 3, 8, 10, and 16 being approved by RESOLUTION NOS. 2008-056 through 2008-059 respectively. Item No. 13 Rex Centeno, 77878 Little Eagle Court, conveyed his opposition of the extension requested by Hidden Canyon development; and stated left turn lane improvements were not included. Council Member Osborne requested staff communicate with the developer to improve the left turn lane. Marty Butler, Trans West Housing, stated the developer has no problem addressing the concern regarding the left turn lane; explained the request for a six month extension; and stated the developer is targeting to finish the project by May 2009. In response to Mayor Adolph, City Manager Genovese confirmed the next step for ensuring completion of the improvements would be to pursue the bond. Mayor Adolph requested the developer expedite the completion of the improvements or the City will pursue the bond. In response to Council Member Henderson, Ms. Butler explained the time frame of May 2009 was selected because the developer could achieve the completion of the project by that time. Council Member Henderson stated she appreciates the current housing environment is extremely strained and is not opposed to an extension; suggested the Public Works Director work with the developer to complete the minor improvements. In response to Mayor Adolph, Ms. Butler explained all the permits are active except for the encroachment permit and stated the developer would have to reapply because of the length of time that has transpired. City Council Minutes 6 October 7. 2008 Item No. 10 Council Member Osborne addressed Item No. 10 and questioned if the completion date for the traffic signals at Palm Royale and Fred Waring is set for January 2009. Public Works Director Jonasson explained the traffic poles are scheduled to arrive in December, but the work will begin ahead of the arrival of the poles. Council Member Henderson questioned if this project will be added to the list projects completed on time. Public Works Director Jonasson confirmed. Item No. 7 Council Member Kirk stated the description of the correction to the code was vague in the staff report, and requested a verbal overview of what is being presented. Planning Director Johnson presented the staff report. In response to Council Member Kirk, Planning Director Johnson explained the underlying land use description in previous staff reports were correct; and stated this matter has not been published or noticed to the nearby residents. Council Member Kirk stated he understands staff's point, but would feel more comfortable postponing this item and provide a proper description for the consent calendar in light of the ongoing issues in the area; and suggested this item be deferred to the next City Council meeting and send a notice to the surrounding residents. MOTION - It was moved by Council Members Osborne/Sniff to amend the motion to approve the Consent Calendar to exclude Items No. 7 and 13. Motion carried unanimously. ITEM NO. 7 - It was moved by Council Members Kirk/Osborne to continue Item No. 7 to the October 21, 2008 City Council meeting as a Consent Calendar item and direct staff to send a notice to the Homeowners' Association and affected property owners and residents. Motion carried unanimously. ITEM NO. 13 - It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2008-060, approving the extension with direction given to staff to work with the developer in making the corrections, and ease the burden and move the project forward. Mayor Adolph clarified that if the project is not completed by May 2009, the City will go after the bond. Council Member Kirk stated there may be another step with another request for extension and getting a bond and a bonding agent to finish the work may take longer than working with the applicant. Motion carried unanimously. City Council Minutes 7 October 7, 2008 BUSINESS SESSION 1. CONSIDERATION OF FORMATION AND APPOINTMENT OF TWO MEMBERS TO AN AD-HOC COMMITTEE TO REVIEW THE 2ND QUARTER GRANT REQUESTS. MOTION - It was moved by Council Members Osborne/Henderson to appoint Mayor Adolph and Council Member Kirk to serve on the 2nd Quarter Grant Review Ad-Hoc Committee. Motion carried unanimously. 2. CONSIDERATION OF NAMES FOR THE CENTRE POINTE DEVELOPMENT PARK. Community Services Director Hylton presented the staff report. In response to Council Member Osborne, Community Services Director Hylton confirmed the plaque is included in the overall program budget. Community Services Director Hylton confirmed all the suggested names will be inscribed on the plaque. Council Member Sniff suggested naming the park Marie Clark Park. In response to Council Member Henderson, Community Services Director Hylton confirmed the full names of the individuals who homesteaded the area would be inscribed on the plaque. Council Member Henderson suggested a one-word description of each person be included. Council Member Sniff stated the year of homestead for each person suffices. In response to Council Member Kirk, Community Services Director Hylton explained the Community Services Commission's first recommendation was to name the park Mountain Vista Park, but the Commission felt alternatives should be provided for the City Council's consideration. Council Member Kirk stated he prefers to pick a name at this time. MOTION - It was moved by Council Members Osborne/Henderson to approve Pioneer Park as the Centre Pointe Development park name, and include a plaque with full names. Motion carried unanimously. City Council Minutes 8 October 7, 2008 3. CONSIDERATION CHAMBER OF COMMITTEE. OF SELECTION OF A REPRESENTATIVE TO THE COMMERCE WORKSHOP/INFORMATION EXCHANGE MOTION - It was moved by Council Members Kirk/Osborne to appoint Council Member Henderson to serve for three consecutive meetings on the Chamber of Commerce Workshop/Information Exchange Committee. Motion carried unanimously. STUDY SESSION 1. DISCUSSION OF THE HIGHWAY 111 LANDSCAPE CONCEPTS FOR AN ENHANCED ENTRY STATEMENT NEAR POINT HAPPY. Public Works Director Jonasson presented the staff report. David Voltz, landscape architect, reviewed three designs for the Point Happy City Entry. In response to Council Member Henderson, Mr. Voltz confirmed there is no difference in the cost for the north fencing proposed in all three options. Mr. Boltz stated there is not enough room on the north side of Highway 111 to install a sidewalk in addition to the wall. In response to Mayor Adolph, Public Works Director Jonasson confirmed the mountain on the north side of Highway 111 needs to be shaved to accommodate the street improvements and confirmed it is included in the funding obtained; and stated Engineering Consultant Nickerson will review the funding option after the presentation by Mr. Voltz. Public Works Director Jonasson further explained the shaving of the mountain will not interfere with the operation of The Cliffhouse restaurant, the tow of the width and the shoulders will remain the same, and there will not be pedestrian access on the north side at all. In response to Council Member Henderson, Public Works Director Jonasson stated all the options require the mountain to be shaved to accommodate the street expansion to six lanes. Mr. Voltz explained the gate proposed for the fencing on the north side in Option B is decorative, and not functional. City Council Minutes 9 October 7, 2008 Council Member Henderson thanked staff and Mr. Voltz for their efforts; stated this is the design she had in mind for the entry into the City; suggested to plan for future improvement and complete just surface work at this time; stated the material is extremely safe and questioned if more creative designs were considered. Mr. Voltz stated other option were not considered, and felt that a different creative option may have been out of place for the environment. Council Member Kirk stated he prefers Options A and B; stated Option A is dramatic and an expensive option which would be a grand statement entering the City; stated he does not prefer the faux rock suggested in Option B and would prefer a wall for the entire area; addressed the proposed palm trees on the north side as it is a tight area and conveyed security and maintenance issues that may arise; suggested to review a photo situation of the rock wall and entry for Option A; suggested the entry structure be utilized as a pedestrian bridge. Council Member Henderson stated she also looked at whether a pedestrian bridge would cost another $2 million and does not believe it would be a feasible cost; stated with the economy as it is, it is a challenge to have this discussion for the cost; stated paving improvements can go forward; supports faux rock on the north side wall; does not support a solid white wall for the area and suggested to incorporate tile; questioned if the landscaped area on the south side for Option C is the same width as Option A. Mr. Voltz explained the differences of the landscaped area between Options A and C; and confirmed the width of the area can be accommodated by Option A at a later time. Council Member Henderson further suggested the span not have an appearance of a bridge and be more open; and requested to use the accommodation for Option A to implement a lesser design and consider the installation of something more at a later time. Council Member Sniff suggested to keep the project simple yet attractive; stated the proposed options cost too much; suggested to have a Spanish bell tower of 25 feet high on either side and encompass a stationary gate, Spanish style wall with the and archway design on the north side, with landscaping behind; supports installing palm trees behind the wall; stated the wall should be solid; stated an 8-foot sidewalk on the south side would be feasible to connect to sidewalk installed by the City of Indian Wells; suggested a portion of a wall on the south for a sense of balance to the entry; requested the cost be reduced significantly; stated there is no point of having a pedestrian bridge installed as it will not have significant usage; City Council Minutes 10 October 7, 2008 stated no structures over the street is needed; and stated the options presented have been overdone. In response to Council Member Osborne, Mr. Voltz confirmed the current monument is fairly small for the space and does not give a significant statement. Council Member Osborne suggested to incorporate artistic talent to the wall; agrees 54.5 million for Option A is too much to spend for a monument to the City; and conveyed his support for Option C. Nick Nickerson, Engineering Consultant, stated three alternatives to widen Highway 111 was presented to the City Council; explained the direction provided by the City Council was to include designs that incorporated a span across the canyon and no pedestrian access on the north side; explained funding is being provided by 51.8 million Measure A funds that must be expended by June 30, 2009, 5700,000 relinquishment funds, and 5210,000 of general fund money. In response to Council Member Osborne, Engineering Consultant Nickerson explained a retaining wall is needed for the rock fall, but the proposed decorative walls is not required to mitigate the rock fall; and suggested to bid the wall as an added alternative and look for the difference in cost between a decorative and utility wall. Council Member Osborne stated he does not wish to access the General Fund for a pedestrian bridge. In response to Council Member Sniff, Engineering Consultant Nickerson stated the City can pay the difference to enhance and beautify the wall. Engineering Consultant Nickerson explained the median improvements for Option C is included in the plans for the street expansion and confirmed it is designed to end at the driveway to The Cliffhouse Restaurant. In response to Mayor Adolph, Engineering Consultant Nickerson explained no CVAG funds have been provided for this type of improvement, as Highway 111 was specifically separated out in Measure A funds; and further explained CVAG has approved the project. Engineering Consultant Nickerson further explained CVAG has approved the project; stated the City of Indio requested for a different grant from them and are spending Measure A funds to widen Highway 111 in their city and the landscape project is being funded by Transportation Enhancement funds; and stated CVAG is an advisory body to the Riverside County Transportation Commission for Measure A funding. City Council Minutes 11 October 7, 2008 Mayor Adolph conveyed his concern of building on the curb line with walls as traffic is too confining in the area which is a safety factor through the area; suggested a buffer or a setback from the curb line; suggested space between the street and the sidewalk for safety of pedestrians; and stated he is supportive of the concept of an entry statement into the City on Highway 111. Council Member Osborne stated the City is looking at taking out the current monument and adding a new design to the west entrance, and questioned what is going to be done on the east end of Highway 111. Council Member Henderson stated she was also concerned about the entry from the east end, but the City only has one corner in the city limits; suggested to modify current monuments with a Spanish design; stated it is challenging to have this discussion; stated this project is not a monument to us but is an entry point; stated it is not appropriate to move forward with Option A at this time, but staff can prepare the area to install improvements at a later time; stated it is a challenge when discussing the size of monuments and needs additional exhibits to review; suggested staff continue to modify the option and look at street improvements, medians and landscape designs; complete the street widening; get a sense of the comfort level; and bring back this item at a later time, possibly during the Capital Improvement Project list process. Mayor Adolph and Council Member Sniff agreed with the comments made by Council Member Henderson and stated the City is not currently ready to implement this project. Council Member Kirk conveyed his agreement with the comments made by Council Member Henderson regarding cost concerns; cannot ignore to take advantage of the opportunity of the design work presented; suggested to direct staff to proceed with the horizontal improvements to accommodate Option A; continue to refine improvements for concrete stamping; and a wall structure for the north side also be included in the first phase. Council recessed to the Redevelopment Agency meeting. Council reconvened and recessed to and until 7:00 P.M. City Council Minutes 12 October 7, 2008 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 1. CONTINUED PUBLIC HEARING ON DEVELOPMENT IMPACT FEES. Council Member Kirk recused himself from this item because of a potential conflict of interest as his firm is involved in paying Development Impact Fees. Public Works Director Jonasson presented the staff report. In response to Council Member Osborne, Engineering Consultant Nickerson explained the report was prepared for the City Council's review at the September 16, 2008 meeting, which was then continued to October 7; and stated the report took approximately six months to prepare. City Manager Genovese further explained the report was distributed with the agenda packet to the City Council. Council Member Osborne requested the report be distributed before the agenda packet in the future to allow ample time to review it. Engineering Consultant Nickerson confirmed the last report was prepared on July 5, 2008 and the fees were raised at that time; and explained the development impact fee at each of the updated reports increased up to the current fee; and confirmed the last increase is due to the number of units that have been reduced which prompts the fee to increase, in response to Council Member Osborne. In response to Council Member Osborne, Engineering Consultant Nickerson explained how the ultimate build-out condition of 91,000 is determined. Public Works Director Jonasson explained the current conditions do not warrant traffic signals and the cost of traffic signals are not collected because they will be refunded upon completion of the development; and further explained the City is able to collect 25% of the signal costs at the location; and explained the methodology of utilizing the San Diego study is based on a model from the San Bernardino Association of Governments. City Council Minutes 13 October 7, 2008 Engineering Consultant Nickerson explained the use of the San Diego study for the trip links, in response to Council Member Osborne. Engineering Consultant Nickerson explained the $500,000 per acre cost is utilized as it is recommended in the Community Services Commission Master Plan; and stated the 5500,000 per acre cost is not in addition to the Lighting and Landscape District assessment, as the City can collect only fees for facilities to maintain the parks. Council Member Henderson complimented Council Member Osborne for his attention in reviewing the report; stated she has full confidence with the consultant who prepared this report; suggested to further explain why the $500,000 per acre cost was established for the park maintenance. Engineering Consultant Nickerson explained the $500,000 per acre cost was established as a result of a survey submitted to the residents who stated parks were important to the community; and explained the cost to build a park with amenities is more than $250,000 per acre. Council Member Henderson stated staff knew the cost was understated and that traffic signals cost considerably more than the fees collected. Public Works Director Jonasson stated traffic signal costs average $430,000 including soft costs. Council Member Henderson stated she supports the recommendation for this item and encouraged the City Council to do so as well; and questioned what is envisioned for the next two years and if fees would be reduced due to the reduction in development. Mr. Bell, BIA Desert Chapter, addressed the question by stating the industry has seen significant drops in all transportation fields and land costs, and that it would be reasonable to assume some components could drop except the multiplier the fee is based on continues to shrink. In response to Mayor Adolph, Engineering Consultant Nickerson stated the increase of percentages of the fees was coincidental as they are based on a land use table indicating availability and built out of the City; and explained not all cities in the Valley have established a development impact fee and confirmed La Quinta has a substantially lower fee compared to other cities. Fred Bell, BIA, announced Ray Becker died yesterday; thanked staff for the opportunity to work on this proposal; stated BIA has changed the way they review these reports; reported only 680 permits were pulled for residential development compared to 8,800 during the peak season in the Valley; stated over 18,000 construction jobs have been lost in Riverside County; requested City Council Minutes 14 October 7, 2008 staff to review the entitlement and permitting process; and stated he supports the recommendation and the delay to review the fees in 2009. In response to Mayor Adolph, Mr. Bell confirmed the fee will not go into effect for 12 months as the fee is based on the impact specifically for the City of La Quinta facilities. In response to Council Member Osborne, Mr. Bell stated the average cost of fees paid by a developer to build a home in the City is between 525,000 and 537,000, fully loaded; and suggested the City Council address economic development to promote growth in the City. Council Member Henderson stated the City has done a lot with economic development. Mr. Bell replied by stating the City has done a wonderful job in leveraging residential with commercial development. Public Works Director Jonasson clarified the proposed resolution would be in effect in 60 days, except for the residential portion which will be reviewed in August 2009. The Mayor declared the PUBLIC HEARING OPEN at 7:44 p.m. Joan Rebich, 53-810 Avenida Cortez, stated she misunderstood this fee would include the Vista Santa Rosa area and withdrew her request to speak. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:45 p.m. Council Member Osborne requested additional time to review this report in the future; stated he is in favor of the report, but has a challenge in the future financial stability of the City. RESOLUTION NO. 2008-061 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, AMENDING RESOLUTION NO. 2006-068 RELATING TO DEVELOPMENT IMPACT FEES. It was moved by Council Members Henderson/Sniff to adopt Resolution No. 2008-061 as submitted. Motion carried by a vote of 4-0-1, Council Member Kirk abstaining. Council Member Henderson announced the passing of League of California Cities Executive Board Member lya Falconi's husband. City Council Minutes 15 October 7, 2008 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS APPROVING A SECOND EXTENSION OF TIME FOR CONDITIONAL USE PERMIT 2003- 074 AND SITE DEVELOPMENT PERMIT 2003-762 FOR A SENIOR RETIREMENT COMMUNITY CONSISTING OF INDEPENDENT LIVING UNITS, ASSISTED LIVING UNITS, AND EXTENDED CARE LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50. APPLICANT: WESTPORT LA QUINTA, L.P. Principal Planner Sawa presented the staff report. Council Member Osborne questioned if the lot in its current condition has been addressed by Code Enforcement. Planning Director Johnson explained nuisance weeds and graffiti have been addressed, and that because of the size of the lot, additional maintenance is needed. Public Works Director Jonasson further explained the property has not been graded and the ground has not been disturbed which does not require PM-10 requirements to be in effect. The Mayor declared the PUBLIC HEARING OPEN at 7:56 p.m. Brian Dowd, applicant, explained the downsizing of Sunrise Development and the decision to stop expansion; stated they have a new buyer who is willing to build with the current design and plans submitted; and requested for a second extension to proceed with the process. Mayor Adolph questioned if those who put a down payment for the development have received their money back. Mr. Dowd confirmed they have been refunded as mandated by State law. Mayor Adolph questioned the applicant's confidence in this project to proceed as proposed. Mr. Dowd explained a lot of time and effort would need to be made to change the plan and the applicant would not get a favorable reception at the City. There being no requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 8:02 p.m. RESOLUTION NO. 2008-062 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND TIME EXTENSION TO CONDITIONAL USE PERMIT 2003-074 FOR A SENIOR RETIREMENT COMMUNITY LOCATED AT THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 (WESTPORT LA QUINTA, L.P.I. City Council Minutes 16 October 7, 2008 It was moved by Council Members Henderson/Kirk to adopt Resolution No. 2008-062 as submitted. Motion carried unanimously. RESOLUTION NO. 2008-063 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SECOND TIME EXTENSION FOR DEVELOPMENT PLANS FOR A SENIOR RETIREMENT COMMUNITY ON 14± ACRES LOCATED ON THE NORTHEAST CORNER OF WASHINGTON STREET AND AVENUE 50 (SITE DEVELOPMENT PERMIT 2003-762, EXTENSION #2 - WESTPORT LA QUINTA, L.P.I. It was moved by Council Members Osborne/Sniff to adopt Resolution No. 2008-063 as submitted. Motion carried unanimously. REPORTS AND INFORMATIONAL ITEMS League of California Cities -Council Member Henderson reported the General Assembly considered a resolution to approve by-law amendments was taken up separately and after discussion the motion to adopt the resolution failed by a vote of 107 to 114; there are suggestions of some cities are considering to drop from the League but the Committee does not believe that will happen; and stated the issue will come back for further review. CVAG -Council Member Osborne report the CVAG, Executive Board, Tack and Homelessness Committee met at a joint meeting; stated a vote was taken to approve a formula for costs for the facility in the west valley; stated total operation cost is 51.8 million per year and that the County of Riverside will contribute $800,000 with the remaining S1 million to be split by a formula based on population of city; stated the City of La Quinta's share would be S 156,000 per year; stated a proposal was made to split the cost evenly 10 ways with the Cities of Rancho Mirage, Indio, Desert Hot Springs voting against it, and instead agreed to a formula to a maximum of 5100,000; stated the City of La Quinta was specifically requested to contribute S 102,000 per year, and questioned for how many years, of the proposed 10 years; stated the City of La Quinta must notify the County we are willing to provide 5102,000 for a facility in the east valley to provide services for homeless in La Quinta; stated the west valley facility will not be ready fora year and the County is reviewing the 2009-2010 budget for contributions and funding option; conveyed his concern of CVAG providing funding for homeless shelters in Palm Springs. In response to Council Member Henderson, Council Member Osborne explained there is a consensus to justify the need for the facility in the east and that the City City Council Minutes 17 October 7, 2008 of La Quinta is not going to provide funding for the west facility; and stated the County of Riverside will withdraw its funding to any facility in the east the City of La Quinta funds, and transfer the funding to the west valley facility. Mayor Adolph stated the Homelessness Committee is requesting Sunline to provide bus passes for the homeless for transportation from the east valley to the west valley facility; reported, the City of Indio is already provide funds for beds; Desert Hot Springs indicated they cannot afford to provide funding, and Rancho Mirage stated the formula would increase their contribution by 550,000. Jacqueline Cochran Regional Airport Authority -Council Member Osborne reported the annual Air Show will be held on November 1, 2008, with no VIP event the evening before; stated the show will be held on the tarmac of the new runway area; stated this show will have additional military showing; explained the Sheriff coverage must be present Friday through Sunday to protect the planes; and suggested to review the overtime costs for coverage with the Police Chief. Sunline Transit Agency -Mayor Adolph stated the issue of franchising taxi cabs was discussed; and discussion has been made with the airport authority to manage the taxi cab franchises. CVWD Joint Water Policy Committee -Mayor Adolph stated he was invited by Steve Robbins to sit in the Board meeting; stated they discussed the implementation of a tiered system, based on water usage and conservation; and stated they will be holding another meeting in a month to implement the new system at the beginning of the next year. Council Member Kirk stated he called a meeting together with Steve Robbins and staff regarding the subsidy program; and discussed the establishment of a nuisance water hotline. All other reports were noted and filed. DEPARTMENT REPORTS City Manager Genovese requested the City Council meeting be recessed to the Redevelopment Agency meeting in order to readdress the vote for the Consent Calendar. City Council Minutes 18 October 7, 2008 1.6. UPDATE ON AB 811 (LEVINE) CONTRACTUAL ASSESSMENTS: ENERGY EFFICIENCY IMPROVEMENTS Assistant City Manager-Management Services Plumlee presented an update report regarding AB 811. Council Member Henderson confirmed staff is looking for direction from the City Council for additional review as the staff report indicated it is necessary. Gary Ambach stated there is the opportunity for a partnership between the Imperial Irrigation District (IID) and the City of La Quinta for conservation of energy; explained the air conditioning system replacement program would be beneficial to the residents of La Quinta; explained the implementation of the program; and offered IID to administer the program. Council Member Sniff suggested one way to making air conditioners more efficient in older homes with AC in the roof, is to install exhaust fans to blow the air out. Council Member Kirk stated the program could be great for the City and conveyed his appreciation of the leg work conducted by Mr. Ambach and the offer to provide coordination of the process. ANNOUNCEMENTS City Attorney Jenson requested the record reflect Council/Agency Member Osborne did not participate in Closed Session Item 1 for both the City Council and Redevelopment Agency, due to aLowe-related entity having control of the Stone Eagle Homeowners' Association which is a client of his firm; and requested to reopen the Redevelopment Agency meeting to retake the vote for the Consent Calendar. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Kirk recused himself at this point due to a potential conflict of interest in discussion of the Andalusia project as this project is a client of his employer. Mayor Adolph stated both he and Council Member Sniff were in attendance of the candidate forum hosted by the Trilogy Homeowners' Association; conveyed his concern of there being no follow-up to discussions held with residents of Trilogy regarding the maintenance of the perimeter of the Andalusia project; suggested a City Council Minutes 19 October 7, 2008 sunset clause be provided in future development agreements to complete the surrounding improvements; and stated some improvements have recently been made to the perimeter of the project. Council Member Henderson stated she remembers the letter of nine months ago addressing that no landscaping or an additional lane has been installed; stated the property was significantly cleaned up and maintained through most of the summer months. Mayor Adolph stated it is the responsibility of the City and Code Enforcement to ensure the property is maintained properly. City Manager Genovese stated staff has made contact with the developer; explained the City cannot take responsibility of maintaining the right-of-way, but can contact the developer to ensure it is properly maintained. Public Works Director Jonasson stated staff met with the developer which may have started the clean up; stated the fence must remain and be maintained due to PM-10 requirements, and Code Enforcement can pursue them to comply under the PM-10 requirements. Mayor Adolph requested staff to contact them in writing and state this portion of the property must be maintained in an orderly fashion. Council Member Henderson stated it is appropriate to send a letter explaining the issue and the City will be paying attention to the area. Trilogy has the same issue on Avenue 62 but there are no residents across the street to notice that area. Public Works Director Jonasson stated staff can contact and address the issue with them. Council Member Osborne stated the City will have a new council member as a result of the November 4, 2008 General Municipal Election and requested the City Manager prepare an orientation packet and meet with the new member to explain all the committees and commissions involved with the City. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Kirk to adjourn. Motion carried unanimously. Respec Ily submitted, VERONICA J. NTECINO, City Clerk City of La Qu ta, California