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2009 03 17 CC MinutesLA QUINTA CITY COUNCIL MINUTES MARCH 17, 2009 A regular meeting of the La Quinta City Council was called to order at the hour of 3:00 p.m. by Mayor Pro Tem Henderson. PRESENT: Council Members Franklin, Kirk, Sniff, Mayor Pro Tem Henderson, ABSENT: Mayor Adolph MOTION - It was moved by Council Members Sniff/Kirk to excuse Mayor Adolph. Motion carried unanimously. PUBLIC COMMENT -None CLOSED SESSION -None Council recessed to the Redevelopment Agency to and until the hour of 4:00 p.m. 4:00 P.M. Council Member Kirk led the audience in the Pledge of Allegiance. PUBLIC COMMENT Leslie Locken, property manager for OId Town La Quinta, urged the City to sponsor events and consider marketing opportunities to bring people to Old Town to help retain those businesses. Judy Sherwood, 52-995 Avenida Alvarado, spoke regarding a code violation notice she received for having a visible trash can; she is a part-time resident, and the notice was posted on her garage door while she was not in town. She stated posting notices in that manner is an advertisement for would-be burglars as two days after the notice was posted a burglar attempted to break into her home. She noted the City Code calls for notices to be mailed if unable to deliver in person. City Council Minutes 2 March 17, 2009 CONFIRMATION OF AGENDA -Confirmed ANNOUNCEMENTS -None PRESENTATIONS -None WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/ Franklin to approve the Special City Council Minutes of February 24, 2009, as submitted. Motion carried with Mayor Adolph absent. MOTION - It was moved by Council Members Kirk/ Sniff to approve the City Council Minutes of March 3, 2009, as submitted. Motion carried with Mayor Adolph absent. CONSENT CALENDAR Council Member Franklin requested Consent Item Nos. 13 and 14 be taken up separately due to a potential conflict of interest due to the close proximity of her residence. 1. APPROVAL OF DEMAND REGISTER DATED MARCH 17, 2009. 2. RECEIVE AND FILE TREASURER'S REPORT DATED JANUARY 31, 2009. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED JANUARY 31, 2009. 4. DENIAL OF CLAIM FOR DAMAGES FILED BY STATE FARM INSURANCE/ JANE CHISTE -DATE OF LOSS: OCTOBER 9, 2008. 5. ADOPTION OF A RESOLUTION AMENDING THE TICKET DISTRIBUTION POLICY. (RESOLUTION NO. 2009-015) City Council Minutes 3 March 17, 2009 6. APPROVAL TO CONFIRM THE CITY'S CONSENT TO A FEE-SHARING AGREEMENT BETWEEN KIESEL, BOUCHER, & CARSON, LLP, AND BARON & BUDD, P.C., IN THE CASE OF CITY OF LA QUINTA v. HOTELS.COM ET AL. 7. APPROVAL OF REQUEST FOR PROPOSALS (RFP) FOR ENGINEERING AND DESIGN SERVICES FOR THE FIELD LIGHTING AT COLONEL PAIGE MIDDLE SCHOOL. 8. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 464 AMENDING TITLE 2, CHAPTER 2.70, SECTION 2.70.010 OF THE LA QUINTA MUNICIPAL CODE RELATING TO THE INVESTMENT ADVISORY BOARD. 9. APPROVAL OF A RATIFICATION OF CONTRACT CHANGE ORDER NO. 4 BY THE CITY MANAGER FOR THE FRED WAKING DRIVE STREET IMPROVEMENTS, PROJECT NO. 2007-06, FOR RECONSTRUCTION OF EXISTING WESTBOUND TRAVEL LANES TO ALLOW THREE THROUGH LANES OF TRAFFIC. 10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31348, THE ESTATES AT POINT HAPPY, PH RANCH, LLC. (RESOLUTION NO. 2009-016) 11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. (RESOLUTION NO. 2009- 017) 12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31249, VILLAGE AT CORAL MOUNTAIN, ADOBE HOLDINGS, INC. (RESOLUTION NO. 2009- 018) 13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. (See separate action below.) 14. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 32742, FOUR SEASONS, MONTERRA HOLDINGS, LLC. (See separate action below.) 15. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH PARCEL MAP 36058-R, CENTRE AT LA QUINTA, STAMKO DEVELOPMENT COMPANY. City Council Minutes 4 March 17, 2009 16. ACCEPTANCE OF ONSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30023-4, TRILOGY SHEA LA QUINTA, LLC. 17. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND BID DOCUMENTS AND AUTHORIZATION TO ADVERTISE FOR BID THE FISCAL YEAR 2008/2009 SLURRY SEAL AND RESTRIPING PROGRAM, PROJECT NO. 2008-11. 18. APPROVAL OF SPECIFICATIONS AND BID DOCUMENTS, AND AUTHORIZATION TO ADVERTISE FOR BIDS THE CITYWIDE LANDSCAPE MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-13. 19. APPROVAL OF SPECIFICATIONS AND BID DOCUMENTS, AND AUTHORIZATION TO ADVERTISE FOR BIDS THE CITYWIDE LANDSCAPE LIGHTING MAINTENANCE CONTRACT, PROJECT NO. LMC 2008-14. 20. ADOPTION OF A RESOLUTION ACCEPTING A QUITCLAIM DEED FROM THE COACHELLA VALLEY WATER DISTRICT FOR PUBLIC FACILITY AND ANCILLARY IMPROVEMENTS FOR LA QUINTA FIRE STATION NO. 32 AND THE CORPORATE YARD IMPROVEMENTS. (RESOLUTION NO. 2009-019) 21. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH GKK WORKS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR FIRE STATION NO. 32, PROJECT NO. 2008-03, AND CORPORATE YARD EXPANSION, PROJECT NO. 2007-08. 22. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH TRAFFEX ENGINEERS, INC. FOR CONTRACT CITY TRAFFIC ENGINEER SERVICES. 23. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH VRPA TECHNOLOGIES, INC. FOR THE DEVELOPMENT OF TRANSPORTATION SYSTEM MANAGEMENT (TSM1/TRANSPORTATION DEMAND MANAGEMENT (TDM) SOLUTIONS FOR THE WASHINGTON STREET AND HIGHWAY 111 COMMERCIAL CORRIDORS. 24. APPROVAL TO APPROPRIATE FUNDING AND AWARD A CONTRACT TO PARSAM CONSTRUCTION, INC., IN THE AMOUNT OF $963,697 TO CONSTRUCT THE LAGO LA QUINTA AND VILLAS AT LA QUINTA SOUND ATTENUATION WALLS, PROJECT NO. 2006-02. City Council Minutes 5 March 17, 2009 25. APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) AND BID DOCUMENTS AND AUTHORIZATION TO ADVERTISE FOR BID THE COVE STREET SIGNAGE PROGRAM, PROJECT NO. 2008-12. MOTION - It was moved by Council Members Sniff/Kirk to approve the Consent Calendar as recommended with the exception of Item Nos. 13 and 14, and with Item Nos. 5, 10 through 12, and 20 being approved by RESOLUTION NOS. 2009-015 through 2009-019 respectively. Motion carried with Mayor Adolph absent. Item Nos. 13 and 14: It was moved by Council Members Sniff/Kirk to approve the following resolutions: RESOLUTION NO. 2009-020 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME TO NOVEMBER 21, 2009, FOR THE COMPLETION OF OFFSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32742, FOUR SEASONS. and RESOLUTION NO. 2009-021 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA OUINTA, CALIFORNIA, GRANTING AN EXTENSION OF TIME TO NOVEMBER 21, 2009, FOR THE COMPLETION OF ONSITE IMPROVEMENTS AS SPECIFIED IN THE APPROVED SUBDIVISION IMPROVEMENT AGREEMENT FOR TRACT MAP 32742, FOUR SEASONS. Motion carried by a vote of 3-0-1 with Council Member Franklin abstaining and Mayor Adolph absent. BUSINESS SESSION 1. CONSIDERATION OF APPROVAL OF FISCAL YEAR 2009/2070 CITY COUNCIL GOALS. Assistant City Manager-Management Services Plumlee presented the staff report. City Council Minutes 6 March 17, 2009 In response to Council Member Sniff, Assistant City Manager-Management Services Plumlee explained Item No. 4 under "fiscal" is related to obtaining funds from the Federal Stimulus Plan and can be reworded for clarification. Council Member Kirk commented on the number of documents with goals, and suggested establishing a clear set of goals for each fiscal year on a simple document that indicates priorities and achievements. He is supportive of increasing reserves and maintaining a conservative stance, but feels the current economic conditions may be the time to look at modest ways to increase economic development activity and not necessarily "put on the brakes" on City expenditures. He does not wish to tighten expenditures at the expense of stimulating the local economy. He supports exploring ways to waive some fees for struggling businesses that are willing to invest in their own businesses. Council Member Franklin suggested revisiting the SilverRock Resort plan and reviewing the land use. She stated most citizens will not be able to stay at a four-star resort even when the economy improves. She suggested getting input from the community, and stated she cannot support the goal as stated. Council Member Sniff suggested reducing the goals down to five categories to be better able to benchmark them. He supports being conservative, yet creative, including ways to support and promote the business community; and noted the City will suffer a loss of revenue if the businesses do not thrive. In regard to SilverRock Resort, he stated the City Council has not reached a logical conclusion for development, and suggested being open to other options and creativity. He voiced concern about Council Member Kirk's suggestion to utilize reserves and suggested maintaining the reserves with some reallocation. Mayor Pro Tem Henderson stated many of the goals are redundant and can be combined, but many will also be met in the short term through the Capital Improvement Program and Economic Development Plan. She referenced the goal of forming amid-valley association for advertising and promotion; and stated she wants to be creative in dealing with the problems the community is facing, but is not sure this is the year to form the commission. As for SilverRock Resort, she agreed with revisiting the issue but is not sure she is ready to move away from the original plan. She commented on using redevelopment funds to support the general fund, which in turn provides for community needs such as public safety and parks; and commented on the need to be wise in ways to provide additional revenue for the City. City Manager Genovese confirmed development of SilverRock Resort will be a goal in the budget and will come back next year as a study session item. City Council Minutes 7 March 17, 2009 Council Member Kirk suggested summarizing the goals as follows: 1) enhance the business retention expansion program; 2) evaluate and confirm or shift course for the development of SilverRock Resort; 3) use the Green and Sustainability Program to provide jobs in the community; 4) renovate and expand the City's park system; and 51 meet the local needs and problems for housing. He stated he prefers having one list of goals and not individual City Council Member and staff goals. Mayor Pro Tem Henderson stated she does not see any contradiction between the Council Member and staff goals. City Manager Genovese noted many of the goals are subcomponents of a larger goal; and suggested staff bring back five or six primary goals, including a list of subcomponents, when the budget is considered. Council Member Kirk stated he would agree as long as the City Council is not being asked to approve the goals as listed. The City Council concurred to direct staff to summarize the goals as suggested and bring them back with consideration of the budget. STUDY SESSION 7. CONTINUED DISCUSSION REGARDING THE CODE COMPLIANCE PROGRAM. Building & Safety Director Hartung presented the staff report. Joan Rebich, 53-810 Avenida Cortez, spoke in support of code compliance efforts to keep yards maintained and inoperable vehicles out of sight. Andrea Dooley, 54-700 Avenida Obregon, also spoke in support of code compliance as well as criminal prosecution versus civil action. She noted 40 out of 43 comments posted on The Desert Sun website in response to today's article, were positive and supportive of getting neglected properties up to proper standards. Wendy Balmer, 54-840 Avenida Ramirez, expressed concern about inconsistency and lack of follow through. She stated she was cited for having a propane tank in view even though she had applied for an extension, but sees the same violation on other properties. City Council Minutes 8 March 17, 2009 Rupert Yessayian, P. O. Box 251, stated he received a citation for one of his real estate properties having brown spots in the grass, which he was willing to seed, but the Code Compliance Officer wanted him to put in ground cover. The case ended up in court and he lost because the Code Compliance Officer gave incorrect testimony, which is an issue that needs to be addressed, along with a better knowledge of the Municipal Code and sensitivity training. Mishael Patton, 54-290 Avenida Martinez, stated she supports code compliance, and it is a good time to review the codes to make sure they are enforceable, such as the Dark Sky Ordinance. She feels maintained landscaping is the issue and more important than ground cover. Karen Lundie, 53-485 Avenida Juarez, also spoke in support of code compliance, and commented on real estate clients being deterred by unsightly violations. Mayor Pro Tem Henderson referenced emails received in support of code compliance from John King, Forest Meadows, and William Stevens. In response to Council Member Sniff, Building & Safety Director Hartung explained police and fire use of the citation process through Revenue Experts is minimal. Council Member Sniff questioned the neutrality of the hearing officer if they are paid by the City. Building & Safety Director Hartung explained the hearing officer is paid by Revenue Experts. Council Member Sniff suggested another system be utilized for neutrality. He also stated he feels the use of ground cover should be an option and not mandated; and suggested using "well-maintained" since landscaping is significantly subjective. He referenced a statement in the staff report that states "many of the violations at issue are an aesthetic component, i.e. landscaping, which by its very nature, is subjective in nature and would require the City to make aesthetic decisions for property owners." Building & Safety Director Hartung confirmed landscaping is an aesthetic issue, and explained because it is subjective the City does not use the public nuisance process to abate landscape issues. Council Member Sniff referred to the newspaper article indicating La Quinta is the only local City that pursues code violations through the criminal process. City Attorney Jenson stated she contacted city attorneys for other valley cities and was told the City of Indio has no current cases but typically uses the criminal process; the City of Palm Desert is currently pursuing three cases through the civil process for repeat offenders in order to get a civil injunction and utilize a contempt proceeding; the City of Indian Wells uses both criminal and civil, but their civil process is different wherein they City Council Minutes 9 March 17, 2009 receive an abatement order and lien the property; the City of Desert Hot Springs exclusively uses the criminal process; and the City of Palm Springs currently has three civil cases, which is the process their current city attorney usually prefers to use. Council Member Sniff questioned the criminal process being the best way to proceed, and stated there may be some prejudice by the city attorney's office in using the criminal process. He strongly supports having a beautiful city, but believes re-examination of an ordinance is sometimes warranted. He stated there is a sense of harassment by Code Compliance Officers and their frustration may lead to being excessively zealous. He suggested considering the use of a local panel in place of the current hearing officer system, amending the Code to be less specific and using the word "well- maintained," and looking at civil versus criminal and ways to make it effective. Council Member Franklin stated decomposed granite should not be required if the yard is well-maintained. Building & Safety Director Hartung confirmed ground cover can become a maintenance issue if the proper cloth is not put under it. Council Member Franklin spoke in favor of extending the 15-day timeframe for violators to respond, utilizing a citizen committee in place of the current hearing officer process, and pursuing cases through civil court. She also suggested staff inform violators about any existing programs that might assist them in addressing their violation. Council Member Kirk referred to the link between a lack of code enforcement and criminal activity. He stated he has heard good things about the City's Code Compliance Officers, but feels they should maybe scale back some in their pro-active way of citing other violations while on a call to address the initial violation. He stated staff is trying to apply the Code uniformly, but when several properties are cited at one time there is a perception of being targeted. He is open to modifying the Code, but feels "well-maintained" is more subjective, and prefers keeping ground cover in the Code. He would like for staff to come back with a grant program to augment other available programs to assist violators in gaining compliance. He suggested use of the criminal process be suspended and reconsidered at a later time if needed. He agrees the hearing process may need improving and timeframes for responding to notices extended, but believes a local citizen panel may be more subjective. He also suggested Code Compliance Officers remove violation notices from public view if still there after three or four days. In response to Mayor Pro Tem Henderson, Building & Safety Director Hartung stated staff has informed Mrs. Sherwood that any future notices will be sent to her mailing address. He stated notices are removed if still there City Council Minutes 10 March 17, 2009 after a few days, and noted the law requires public nuisance notices to be placed in a conspicuous place. Mrs. Sherwood stated three days is too long for a notice to remain posted, and noted the Code requires the notice to be mailed if not personally delivered. Mayor Pro Tem Henderson conveyed concern about moving away from the criminal process, and commented on the need to make it less intimidating. She commented on how long it takes for code compliance cases to be handled through the civil process, and how it will invite the criminal element. She suggested violators be allowed 30 days to comply with notices to give them time to get the money and do the work. She supports establishing a grant program and tying it in with job creation, beautification, and economic development; and continuing to utilize an outside agency for the hearing process, noting the City has removed itself as much as legally possible. She does not feel code compliance problems will be solved in civil court; stated ground cover is acceptable and suggested the possibility of stocking it at the Corporate Yard as a resource for violators. She further stated she supports use of courtesy notices and suggested a note to contact City staff be included. In response to Mayor Pro Tem Henderson, City Attorney Jenson confirmed a public defender is appointed in criminal cases, and in civil cases people have to obtain their own legal counsel and pay appearance fees. She explained the civil process would allow for the City to use the abatement procedure, wherein the City would make the improvements and lien the property. Mayor Pro Tem Henderson asked if there is potential for using either process for enforcement. City Attorney Jenson stated it is her understanding that the consensus of the City Council is to utilize the civil process for future cases, and noted current cases already filed in criminal court will remain in the criminal process. She stated new criminal matters will not be initiated, and authorization will be obtained from the City Council before initiating any code compliance civil matters. Council Member Kirk made a motion (no second received) to: 1) suspend criminal prosecution for six months and re-evaluate the need at that time; 21 adjust the current hearing process to be more flexible regarding time constraints and review in six months to determine if other alternatives should be considered, such as a citizens committee; 3) direct staff to develop a grant program to facilitate compliance of City Codes and consider it in the 2009/2010 budget; 4) direct staff to modify the notification/posting process City Council Minutes 11 March 17, 2009 to address the concerns voiced today; and 5) provide direction to staff in focusing on the highest priority public nuisances. Council Member Sniff stated he still wishes to use "well-maintained" in the Code. In response to Council Member Kirk, Building & Safety Director Hartung explained "well-maintained" is very subjective and not enforceable. Council Member Kirk stated his thought was to retain the requirement for ground cover and utilizing City and other funds to help with compliance; if that is not working after reviewing it in six months, then consider changing the rule. In response to Mayor Pro Tem Henderson, Council Member Kirk explained the intent is to address the economic difficulties people are experiencing at this time, particularly as it relates to the landscaping portion of the Code. Mayor Pro Tem Henderson suggested this item be brought back as a business item for further discussion. Building & Safety Director Hartung suggested an alternative wherein staff would get authorization from the City Council before pursuing criminal prosecution. Mayor Pro Tem Henderson stated she would support that. Council Member Franklin stated she does not support the suggestion. She is supportive of Council Member Kirk's comments, but would like for staff to research other grant programs that might be available if this comes back as a business item. She commented on the importance of making people aware of any assistance programs. Council Member Sniff concurred with bringing this back as a business item in the near future. Council Member Kirk withdrew his motion and stated he would support this coming back as a business item. He referred to the possibility of using the civil process more expeditiously by getting an injunction. City Attorney Jenson explained once a preliminary injunction is obtained, a final injunction is rarely needed; and noted the City of Indian Wells does the abatement and liens the property. City Council Minutes 12 March 17, 2009 Mayor Pro Tem Henderson noted there is a consensus to direct staff to develop a grant program that augments other programs to assist with code compliance. The City Council recessed to and until 7:00 P.M. 7:00 P.M. PUBLIC COMMENT Scott Arthur expressed concern about SilverRock Resort not being user-friendly. He addressed the use of a shuttle golf cart, and suggested adding more benches, chairs, restrooms, and water fountains. He stated SilverRock Resort is a community golf course and players should feel comfortable playing it. PRESENTATIONS -None PUBLIC HEARIN 1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS AND AN ORDINANCE FOR: 1) CERTIFICATION OF MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2008-597; 2) GENERAL PLAN AMENDMENT 2008-116 FROM LOW DENSITY AGRICULTURAL/RESIDENTIAL TO LOW DENSITY RESIDENTIAL; 3) ZONE CHANGE 2008-136 FROM LOW DENSITY AGRICULTURAL/EQUESTRIAN RESIDENTIAL TO LOW DENSITY RESIDENTIAL; AND 4) TENTATIVE TRACT MAP 37434 FOR SUBDIVISION OF 30.2 t ACRES INTO 94 SINGLE FAMILY LOTS AND OTHER MISCELLANEOUS LOTS FOR PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE 61. APPLICANT: MONROE DATES, LLC. Principal Planner Sawa presented the staff report. Craig Knight, the applicant, thanked the City Council for allowing time to add amenities to the project; stated there are no other projects similar in size that provide a community pool and most residents prefer personal pools; and reviewed other amenities established for the project. City Council Minutes 13 March 17, 2009 Council Member Kirk stated he does not recall any discussion about requiring a community pool; and asked if residents of the project would have golf cart access to the Trilogy golf course. Planning Director Johnson stated the street is too narrow, and Public Works Director Jonasson stated the speeds are too high on Monroe Street to meet the requirements. Nicole Criste, the City's consultant, stated she understood an off-street golf cart path would be provided because of the speed limit on Monroe Street. Council Member Kirk stated he understood the State code allows golf cart path use on 9-foot wide Class II bike paths, and expressed concern about marketing the project to insinuate clients would have access to the golf course at Trilogy. Mayor Pro Tem Henderson stated she previously suggested a dog park as an amenity. The Mayor Pro Tem declared the CONTINUED PUBLIC HEARING OPEN at 7:28 p.m. There being no requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 7:29 p.m. Council Member Franklin expressed appreciation for the applicant's willingness to establish a play area but does not see it as a necessary amenity. Council Member Kirk agreed and suggested making it an option. He asked about the setbacks on Lots 35 and 38 at Trilogy compared to Lots 24 and 25 on this project. Planning Director Johnson stated the setbacks range from 29 to 58 feet, and noted most of the homes have a 40 to 60-foot distance of setback. Council Member Kirk recommended accepting the applicant's compromise of a 15-foot wide setback on Lots 24 and 25 and uphold the Planning Commission's recommendation on Lot 54. In response to Mayor Pro Tem Henderson, Planning Director Johnson stated the Planning Commission recommended a 20-foot wide setback on Lot 54. City Council Minutes 14 March 17, 2009 RESOLUTION NO. 2009-022 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT FOR ENVIRONMENTAL ASSESSMENT 2008-597 PREPARED FOR GENERAL PLAN AMENDMENT 2008-116, ZONE CHANGE 2008-136, AND TENTATIVE TRACT MAP 31434. (MONROE DATES, LLC) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-022 as submitted. Motion carried with Mayor Adolph absent. RESOLUTION NO. 2009-023 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING GENERAL PLAN AMENDMENT 2008-116 FOR PROPERTY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE 61. (MONROE DATES, LLC) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-023 as submitted. Motion carried with Mayor Adolph absent. MOTION - It was moved by Council Members Kirk/Franklin to take up Ordinance No. 465 by title and number only and waive further reading. Motion carried with Mayor Adolph absent. ORDINANCE NO. 465 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A REVISION TO THE LA QUINTA ZONING MAP FOR CERTAIN REAL PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF MONROE STREET AT THE WEST TERMINATION OF AVENUE 61 (ZONE CHANGE 2008-136 - MONROE DATES, LLC) It was moved by Council Members Kirk/Franklin to introduce Ordinance No. 465 on first reading. Motion carried by the following vote: AYES: Council Members Franklin, Kirk, Sniff, Mayor Pro Tem Henderson NOES: None ABSTAIN: None ABSENT: Mayor Adolph City Council Minutes 15 March 17, 2009 RESOLUTION NO. 2009-024 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 30.21 ACRES INTO 94 RESIDENTIAL SINGLE FAMILY LOTS AND OTHER MISCELLANEOUS LOTS (TENTATIVE TRACT MAP 31434 - MONROE DATES, LLC) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-024 as amended (amending the conditions to allow a 15-foot wide setback on Lots 24 and 25 and the play station amenity to be optional). City Attorney Jenson clarified the amended amendments are to Condition Nos. 81 and 88. Motion carried with Mayor Adolph absent. 2. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF AN ENVIRONMENTAL IMPACT REPORT FOR ENVIRONMENTAL ASSESSMENT 2008-582, ADOPTION OF FINDINGS PURSUANT TO CALIFORNIA ENVIRONMENTAL QUALITY ACT, ADOPTION OF STATEMENT OVERRIDING CONSIDERATION, ADOPT A MITIGATION MONITORING PROGRAM FOR AN ENVIRONMENTAL IMPACT REPORT; 21 APPROVAL OF SITE DEVELOPMENT PERMIT 2006-875 TO ALLOW A RETAIL COMPLEX AND MEDICAL OFFICE COMPLEX ON 25+ ACRES WITH APPROXIMATELY 234,450 t SQUARE FEET OF BUILDING AREA; 31 APPROVAL OF CONDITIONAL USE PERMIT 2007-105; AND 4) APPROVAL OF TENTATIVE PARCEL MAP 35088 TO DIVIDE THE SITE INTO 10 PARCELS (WITH 5 LOTS FOR CONDOMINIUM PURPOSES) FOR PROPERTY LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. APPLICANT: MAYER VILLA CAPRI, L.P. Principal Planner Sawa presented the staff report. In response to Council Member Kirk, Public Works Director Jonasson explained one deceleration lane into the commercial site was proposed, and the Planning Commission added a condition to require an easterly deceleration lane into the medical facility. He explained the traffic study did not meet the 50-vehicle threshold during peak hours, which was established when the project was first brought before the City Council. Planning Director Johnson further explained the concern of the Planning Commission was with patrons to the medical complex entering on the first entrance and the potential for rear-end accidents; and the truck routing would be from City Council Minutes 16 March 17, 2009 Washington Street, unloading at the back side of the building and exiting at the center drive isle to Fred Waring Drive. In response to Council Member Kirk, Principal Planner Sawa confirmed the Planning Commission determined the view impact was not as severe as staff's assessment. Planning Director Johnson stated the applicant will initially install the core infrastructure, driveways and perimeter improvements for both sites. Public Works Director Jonasson stated standard language to ensure bonds are in place for the improvements and subdivision improvement agreement. In response to Council Member Franklin, Planning Director Johnson explained the number of parking spaces allocated for the medical building is just under the requirement for all five buildings to be medical offices. Mayor Pro Tem Henderson asked staff to explain a reference regarding Title 24 on Page 24. Planning Director Johnson explained it is a response to the AB 32 Greenhouse Gas Emissions provision and was identified as a mitigation measure in the draft EIR. He stated language has been added to provide some flexibility because Title 24 requirements are expected to increase in August 2009; it also provides flexibility to address a hardship on an administrative level. Mayor Pro Tem Henderson expressed caution on these issues as AB 32 and SB 275 are under serious consideration for suspension for a period of time. Planning Director Johnson suggested the applicant talk with the local electric provider as programs are available to assist in compliance with the legislative requirements. The Mayor Pro Tem declared the PUBLIC HEARING OPEN at 7:57 p.m. Larry Burrows, representing Mayer Villa Capri, stated the property is two separate parcels; the retail center is an asset the Mayer and Gordon family will manage for years to come, and the medical buildings are a part of a partnership with Mayer and Medical Real Estate Development. He noted it is in their best interest to make sure the perimeter improvements are completed. He stated they are in agreement with the condition related to the Title 24 issues. Marvin Roos, of MSA Consulting, reviewed parking for the medical building site, landscaping, and the elimination of the water feature in front of the building. He also reviewed pedestrian access between the projects, food court areas at the retail site, the extended deceleration lane, raised median on Washington Street, and increased size of the pedestrian plaza. He stated City Council Minutes 17 March 17, 2009 61 parking spaces have been eliminated but the project is still in excess for medical use. In response to Council Member Kirk, Mr. Roos explained the wall height depicted in the view shot is six feet. Regarding the lane study, he confirmed they are seeking three entries from Fred Waring Drive and are aware of the full access constraints. As for adding another deceleration lane, he voiced concern about eliminating 30 more parking spaces. He noted the City policy for requiring deceleration lanes is based on 50 trips per hour during peak hours; and stated one entrance is estimated at 40 trips per hour and the other is estimated at 12 trips per hour. Council Member Kirk inquired about visibility of the rear elevation of the market, and would the applicant be willing to add some vertical elements. John Vuksic, the architect, stated the rear elevation will be visible from the middle school. He questioned the vertical treatments bringing anything to the project but is willing to consider it. Council Member Kirk requested the architect point out the unique elements of the project. Mr. Vuksic stated there are several layers to the buildings and strong shading elements throughout the complex. In response to Mayor Pro Tem Henderson, Mr. Burrows stated the two water features have been eliminated. In regard to Title 24, he stated the developer is in agreement with the policies, and do not anticipate a significant impact to the project. Mayor Pro Tem Henderson asked requirement on other projects, to responded, "Yes." if the City has imposed the 20% which Planning Director Johnson Ian Rhodes inquired about traffic and suggested a roundabout be installed. Scott Arthur voiced concern about the amount of traffic the project will produce, and stated there is already a considerable amount of traffic on Palm Royale Drive. He questioned why traffic for this project is not kept on the main thoroughfare and expressed safety concern for children walking in the area; he suggested moving the entrance to the rear of the property. There being no additional requests to speak, the Mayor Pro Tem declared the PUBLIC HEARING CLOSED at 8:31 p.m. Council Member Kirk requested staff address the suggestion for a roundabout, and moving the entry north on Palm Royale Drive. City Council Minutes 18 March 17, 2009 Public Works Director Jonasson stated the roundabout might impede on the traffic signal at Palm Royale Drive; and moving the driveway to the north would not be a problem but would entail major changes to the site plan. Council Member Kirk stated the environmental analysis indicates traffic cannot be mitigated but does not include Palm Royale Drive and Fred Waring Drive. Planning Director Johnson reviewed the intersections that cannot be mitigated, which does not include Palm Royale Drive and Fred Waring Drive. Council Member Kirk conveyed empathy for traffic in the neighborhood but feels the citywide benefit of the project outweighs the impacts to the neighboring communities; and noted the buffer of office buildings is good for the neighboring residents. He stated the Planning Commission recommendation for a deceleration lane is appropriate; this is not a pedestrian project because few people will be walking to the project but he appreciates the minor modifications for pedestrian use. He referenced the lack of trees in much of the parking areas, and suggested more pop-outs and shade closer to the buildings on the medical office site. Council Member Sniff agreed the project needs more covered parking and shade trees, but otherwise supports the project. Council Member Franklin concurred with Council Member Kirk's comments. Mayor Pro Tem Henderson stated she feels the 20% standard of Title 24 is a little excessive and suggested a compromise of 10%. She also conveyed a desire for some type of water feature. Council Member Kirk stated the Planning Commission has been very sensitive regarding water efficiency issues as directed by the City Council as long as a project is meeting its target. He is not opposed to directing staff to approve apedestrian-scale water feature. Council Member Sniff stated he agrees with the judicious use of water. Council Member Kirk stated he supports the Planning Commission's recommendation of 20% for Title 24, noting it is likely to be higher in the near future. In response to Mayor Pro Tem Henderson, Planning Director Johnson confirmed the 20% is based on the current Title 24 and would not increase with any changes in August. City Council Minutes 19 March 17, 2009 RESOLUTION NO. 2009-025 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING THAT THE ENVIRONMENTAL IMPACT REPORT PREPARED FOR THE VILLA CAPRI PROJECT (SITE DEVELOPMENT PERMIT 2006-875, CONDITIONAL USE PERMIT 2007-105, AND TENTATIVE PARCEL MAP 35088) IS RECOGNIZED AS ADEQUATE AND COMPLETE; RECOGNIZING THE OVERRIDING CONSIDERATIONS TO CERTAIN SIGNIFICANT ENVIRONMENTAL IMPACTS; AND RECOGNIZING THE SIGNIFICANT ENVIRONMENTAL EFFECTS WHICH CANNOT BE AVOIDED BUT CAN BE REASONABLY AND SUBSTANTIALLY MITIGATED IF THE PROPOSED PROJECT IS IMPLEMENTED (ENVIRONMENTAL ASSESSMENT 2006-582 -MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-025 as submitted. Motion carried with Mayor Adolph absent. RESOLUTION NO. 2009-026 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING DEVELOPMENT PLANS FOR A COMMERCIAL COMPLEX AND A MEDICAL OFFICE COMPLEX LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. (SITE DEVELOPMENT PERMIT 2006-875 -MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-026 as amended (requiring additional shade in the medical complex parking areas as approved by the Planning Director and apedestrian-scale water feature also to be approved by the Planning Director and subject to the water efficiency ordinance. Motion carried with Mayor Adolph absent. RESOLUTION NO. 2009-027 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING ACONVALESCENT/REHABILITATION FACILITY AS PART OF A MEDICAL OFFICE COMPLEX AND 10,000+ SQUARE-FOOT RETAIL STORES LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. (CONDITIONAL USE PERMIT 2007-105 -MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-027 as submitted. Motion carried with Mayor Adolph absent. City Council Minutes 20 March 17, 2009 RESOLUTION NO. 2009-028 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING A SUBDIVISION OF 25t ACRES INTO TEN PARCELS (FIVE FOR CONDOMINIUM PURPOSES) LOCATED ON THE NORTH SIDE OF FRED WARING DRIVE BETWEEN WASHINGTON STREET AND PALM ROYALE DRIVE. (TENTATIVE PARCEL MAP 35088 - MAYER VILLA CAPRI, LP.) It was moved by Council Members Kirk/Franklin to adopt Resolution No. 2009-028 as submitted. Motion carried with Mayor Adolph absent. The City Council meeting was recessed. The City Council meeting was reconvened. Mayor Pro Tem Henderson suggested Study Session Item No. 3 be continued to the April 7, 2009 meeting. STUDY SESSION .......continued 2. DISCUSSION OF THE DRAFT FISCAL YEAR 2009/2010 THROUGH 2013/2014 CAPITAL IMPROVEMENT PROGRAM. Public Works Director Jonasson presented the staff report. In response to Mayor Pro Tem Henderson, Public Works Director Jonasson explained the identification of 52.2 million for Jefferson Street is included with Add Project No. 12; the on-going maintenance is not identified and the funding source is to be determined. He stated the east side lots are in a better situation because the old par 3 course behind it can possibly be incorporated into the City's lots. Mayor Pro Tem Henderson stated she agrees with moving the mid-block crossing project out of the capital budget but does not want it totally removed. Engineering Consultant Nickerson stated staff has calculated the annual operating costs for the parkways on Jefferson Street at 512,000. Council Member Sniff stated the proposed Capital Improvement Program is ambitious, and asked if funds are on hand and readily available to complete the projects. Public Works Director Jonasson explained there are sufficient City Council Minutes 21 March 17, 2009 Developer Impact Fee (DIF) funds and other funds to complete the projects during Fiscal Year 2009/2010. In response to Council Member Sniff, Finance Director Falconer explained the Highway 111 landscape improvements are funded through the DIF account and may require a S 1 million advance from the General Fund or Redevelopment Agency to move the project forward. Council Member Sniff voiced concern about borrowing money in the current economic conditions. Finance Director Falconer stated completing the project on apay-as-you-go basis would probably delay the project a few years; and stated the City projects receiving $850,000 a year in DIF funds, which is down 51.2 million. Bob Cleveland, 80-155 Palm Circle Drive, noted the City purchased and demolished homes on Westward Ho five years ago and residents are still looking at a pile of dirt at the entrance. He asked how projects are prioritized, and requested landscaping be installed. Marion Ellson, 80-082 Palm Circle Drive, also requested landscaping be installed on Jefferson Street in front of Westward Ho Isle. Mayor Pro Tem Henderson stated the City Council has discussed the need for landscape improvements on Jefferson Street; and stated it is a large project and temporary improvements would be expensive to install and maintain. In response to Council Member Kirk, Public Works Director Jonasson stated the project in question is listed as Add Project No. 12; and noted the larger part of the project is across the street from the homeowners. Council Member Kirk stated he agrees with setting aside the mid-block crossing on Calle Estado and asked if the City is obligated to install amid-block crossing on Desert Club Drive. Public Works Director Jonasson explained the project is in the current CIP for up to five locations. Council Member Kirk spoke in support of moving forward with the Highway 111 median project because it has looked bad for a long time. He is not prepared to include the Jefferson Street landscape improvements in the CIP for next year but feels it should be a priority, and would like for staff to come back in a study session with some alternatives. He feels the City owes it to the residents of Westward Ho Isle to work on getting the improvements done. Council Member Sniff stated he agrees the City should come up with a plan and make a reasonable effort to expedite the landscape improvements on Jefferson Street. City Council Minutes 22 March 17, 2009 Mayor Pro Tem Henderson noted most of the projects are funded from diverse accounts, including funds from Coachella Valley Association of Governments and Riverside County Transportation Commission, but the Jefferson Street landscape improvements does not have a source of funding. She asked about the possibility of using redevelopment funds for the project. City Manager Genovese confirmed it is in Redevelopment Project Area No. 2; however, that fund balance is currently low and would require a loan from the General Fund and have to be paid back with interest. Mayor Pro Tem Henderson suggested staff come back with some landscape and funding options for the project. Council Member Sniff suggested moving the dirt from the project. Council Member Franklin stated she feels the project should be a high priority. 3. DISCUSSION OF THE DRAFT 2009/2010 ECONOMIC DEVELOPMENT PLAN (EDPI. Assistant City Manager-Development Services Evans presented the staff report. Council Member stated the phrase "economic development" must have a focus on how it is going to provide significant improvements in revenue. He addressed the list on Page 3 of the staff report. Council Member Franklin stated the EDP is too vague and needs to be more specific on how the items will be accomplished. Assistant City Manager- Development Services Evans explained the EDP addresses long and short- term policies, and Page 26 lists strategies to implement the EDP; and noted the marketing plan strategies for next year will be presented at the next City Council meeting. He stated the program is built upon throughout the budget process. Council Member Kirk stated he has some of the same concerns as Council Member Franklin, but feels the EDP is better than a few years ago. He agrees some of the statements in the beginning of the document could be tightened up; and stated he would like staff to come back with some economic development options such as waiving fees, expansion of marketing event opportunities in the City, and reviewing loan programs for facade or City Council Minutes 23 March 17, 2009 sign improvements. He suggested looking at ways to facilitate business retention and expansion during these difficult economic times. Mayor Pro Tem Henderson referenced a breakfast the City sponsored in the past for the purpose of communicating with businesses; and stated there seems to be a lack of communication between the Chamber of Commerce, the City, and businesses and we need to find a way to "bridge the gap" so the businesses know what the City is doing to support them. Council Member Franklin noted a breakfast would provide the opportunity to communicate what the City is doing as well as hear from the businesses what they need from the City. She stated she would like to see a meeting set up with the hoteliers. Mayor Pro Tem Henderson referenced recent comments she has heard from people that want to do business in La Quinta. She commented on the need to solve the missing link of communication by the end of the year so it is something that can be graded. Council Member Sniff noted it is important to market the City to draw visitors. He stated the three areas to market are local residents, tourists from Southern California, then all the way up to the west coast of British Columbia. Council Member Kirk asked if the Chamber of Commerce had provided input on the EDP, and if it is appropriate. Mayor Pro Tem Henderson and Council Member Sniff both commented on the Chamber of Commerce's previous lack of involvement and attendance at the City Council meetings except for their annual contract. They expressed appreciation for the current director's involvement and attendance at City Council meetings. Council Member Kirk suggested sending a letter from the Mayor to the Chamber of Commerce acknowledging their current efforts and requesting their input on the EDP. Council concurred. REPORTS AND INFORMATIONAL ITEMS CVAG Energy & Environmental Resources Committee -Council Member Sniff reported the rates could double because of a court decision to charge fees for expansion of certain energy plants. City Council Minutes 24 March 17, 2009 CVAG Transportation Committee -Council Member Kirk stated the Committee referred the Palm Desert Bike Program back to the Executive Committee. C. V. Conservation Commission -Council Member Sniff reported the Committee was presented with an extensive list of project area purchases and authorized a negotiating agent to purchase the property. C.V. Mosquito & Vector Control District -Mayor Pro Tem Henderson suggested removing this item from the list. City Manager Genovese stated staff will prepare a written report for the City Council. League of California Cities -Mayor Pro Tem Henderson encouraged the City Council Members to attend the Riverside County Division meeting in Moreno Valley on March 23, 2009; and stated State Controller Chiang will be the speaker. She stated she spoke to Dan Carrigg, Legislative Director in Sacramento, and they are going through 2,500 bills that are being introduced; the bills are related to the 4udget and many of them involve City Revenue sources. All other reports were noted and filed. DEPARTMENT REPORTS -None MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Franklin suggested the possibility of providing some discretionary funds to help in the rebuilding of the Coachella Valley Rescue Mission. In response to Council Member Sniff, Council Member Kirk stated he understands they plan to rebuild and have received a donation from Orr Builders. Mayor Pro Tem Henderson noted the City provided 5250,000 to FIND last year. She does not disagree with the need, but the City is facing a fot of funding challenges. Council Member Kirk suggested staff be directed to work with Mr. Alderson and perhaps direct a request to the Community Services Grant Program. He agreed the City is facing challenges; and he prefers spending money to generate jobs in the community to avoid having our citizens have to stay in the homeless shelter. City Council Minutes 25 March 17, 2009 Mayor Pro Tem Henderson congratulated the La Quinta Arts Foundation on a successful Arts Festival this year; and thanked staff for their involvement. Mayor Pro Tem Henderson suggested purchasing more "Gamby" Quails through AB 939 funds as the La Quinta Museum would like to have some to sell. Council concurred to direct staff to bring the matter back for consideration. ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Franklin to adjourn. Motion carried unanimously. Respectf y submitted, 2%~%v VERONICA J. M TECINO, City Clerk City of La Quinta, California