2009 12 15 CC MinutesLA QUINTA CITY COUNCIL
MINUTES
DECEMBER 15, 2009
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 Evans, Franklin, Henderson, Sniff, Mayor Adolph
ABSENT: None
PUBLIC COMMENT -None
CLOSED SESSION
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 andlor disposition of real properties identified as
APNs: 773-078-016, -017, -006, and -007. Property Owner/Negotiator:
Kimberly Lee.
Council recessed to the Redevelopment Agency and to Closed Session to and until
the hour of 4:00 p.m.
4:00 P.M.
The City Council meeting was reconvened with no decisions being made in Closed
Session which require reporting pursuant to Government Code Section 54957.1
(Brown Act).
Mayor Adolph led the audience in the Pledge of Allegiance.
PUBLIC COMMENT
Brian Burr, 54-640 Avenida Velasco, spoke on the issue of graffiti in city parks and
the costs the City incurs to remove the graffiti. He asked for a coordinated effort
to go after the perpetrators for monetary damages.
City Council Minutes 2 December 15, 2009
Mayor Adolph asked if he was referring to the pocket parks in the Cove. Mr. Burr
stated not only the pocket parks but the entire City including stop signs and tennis
courts.
CONFIRMATION OF AGENDA
Council Member Franklin requested Consent Item No. 20 be taken up for comment
and separate vote.
ANNOUNCEMENTS -None
PRESENTATIONS
Joanna Wickman, Museum Manager, and Beth Foley, Manager of the La Quinta
Library presented the quarterly report.
Council Member Henderson stated she had the opportunity to tour the library with
affiliates of the La Quinta Hotel and announced filming of the Indian basket display
will be shown at the Hotel. Ms. Wickman further announced staff is working with
a videographer to compile a short film of the La Quinta Museum.
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Mayor Adolph presented the 2009 B.E.S.T. APWA National Public Works Award to
Public Works Director Jonasson and staff for La Quinta's National Public Works
Week celebration and student outreach program; and acknowledged students from
La Quinta High School who volunteered time to work with the Public Works staff
during the event.
Council Member Sniff suggested a letter be sent to the students in congratulations
for their efforts.
WRITTEN COMMUNICATIONS
1. WRITTEN CORRESPONDENCE FROM A. J. SUTTON, STEWARDS OF THE
FRED WOLFF BEAR CREEK NATURE PRESERVE, DATED NOVEMBER 24,
2009, REQUESTING THE ADDING OF ADDITIONAL LAND.
Council Member Henderson suggested this matter be referred to staff and
report back for discussion. In response to Mayor Adolph, City Manager
Genovese confirmed it would be an extension of the current designation..
City Council Minutes 3 December 15, 2009
2. WRITTEN CORRESPONDENCE FROM MILTON OLANDER DATED DECEMBER
4, 2009, REQUESTING A WAIVER OF RESIDENCY REQUIREMENT TO
SERVE ON THE INVESTMENT ADVISORY BOARD.
Council Member Sniff stated there should be no deviation of the rules.
Mayor Adolph stated the residency requirement is understood by all Council
Members but this is something that was unforeseen by the Commissioner;
and inquired if it is the desire of the Council to make an appointment to the
Board.
Council Member Henderson suggested staff submit applications on file for
review without interviews; explained the City did not have a residency
requirement for Commissioners previously, but it is necessary since the City
has grown. She requested that language on the application be clarified
regarding the residency requirement. City Manager Genovese confirmed that
the City Council desires to review current applications on file and not
advertise for applicants.
APPROVAL OF MINUTES
MOTION - It was moved by Council Members Sniff/Franklin to approve the City
Council Minutes of December 1, 2009, as submitted. Motion carried unanimously.
CONSENT CALENDAR
1. APPROVAL OF DEMAND REGISTER DATED DECEMBER 15, 2009.
2. RECEIVE AND FILE TREASURER'S REPORT DATED OCTOBER 31, 2009.
3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED OCTOBER
31, 2009.
4. APPROVAL OF THE DECLARATION OF SURPLUS PROPERTY.
5. ADOPTION OF A RESOLUTION AMENDING THE TRAVEL AND EXPENSE
POLICY FOR CITY COUNCIL MEMBERS, MEMBERS OF CITY LEGISLATIVE
BODIES, AND CITY EMPLOYEES. (RESOLUTION NO. 2009-102)
6. DENIAL OF CLAIM FOR DAMAGES FILED BY FARMERS INSURANCE/
LAGUNA DE LA PAZ -DATE OF LOSS: OCTOBER 23, 2009.
City Council Minutes 4 December 15, 2009
7. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE
(PS&E) AND AUTHORIZATION TO ADVERTISE FOR BIDS THE TRAIL AT
THE FRED WOLFF BEAR CREEK NATURE PRESERVE, PROJECT NO.
2008-05.
8. ADOPTION OF A RESOLUTION APPROVING A SIDE LETTER AGREEMENT
TO THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF
LA QUINTA AND THE LA QUINTA CITY EMPLOYEES' ASSOCIATION
REGARDING AN ALTERNATE WORK WEEK SCHEDULE. (RESOLUTION NO.
2009-1031
9. ADOPTION OF A RESOLUTION REGARDING AN ALTERNATE WORK WEEK
SCHEDULE FOR MANAGEMENT, CONTRACT MANAGEMENT, AND
CONFIDENTIAL EMPLOYEES. (RESOLUTION NO. 2009-104)
10. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 30092, PIAZZA
SERENA, K. HOVNANIAN FORECAST HOMES, INC. (RESOLUTION NO.
2009-1051
11. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 30092, PIAZZA
SERENA, K. HOVNANIAN FORECAST HOMES, INC. (RESOLUTION NO.
2009-106)
12. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE OFFSITE IMPROVEMENTS FOR TRACT MAP 31852, POLO
ESTATES, RINDLESBACH CONSTRUCTION, INC. (RESOLUTION NO.
2009-107)
13. ADOPTION OF A RESOLUTION TO EXTEND THE TIME FOR COMPLETION
OF THE ONSITE IMPROVEMENTS FOR TRACT MAP 31852, POLO
ESTATES, RINDLESBACH CONSTRUCTION, INC. (RESOLUTION NO.
2009-108)
14. APPROVAL OF ANNUAL CONTINUING DISCLOSURE FOR THE CITY OF
LA QUINTA 2000-1 ASSESSMENT DISTRICT FOR FISCAL YEAR END JUNE
30, 2009.
15. APPROVAL OF ANNUAL DISTRICT INFORMATION SHEETS FOR THE CITY
OF LA QUINTA ASSESSMENT DISTRICT NO. 97-1 FOR FISCAL YEAR END
JUNE 30, 2009.
City Council Minutes 5 December 15, 2009
16. APPROVAL OF A PROFESSIONAL SERVICES AGREEMENT (PSA) WITH
DUDEK TO PREPARE THE PLANS, SPECIFICATIONS, AND ENGINEER'S
ESTIMATE IPS&E) OF PROBABLE CONSTRUCTION COSTS FOR THE
VILLAGE AREA SIDEWALK INFILL IMPROVEMENTS, PROJECT NO. 2009-
19.
17. AUTHORIZATION TO REJECT ALL BIDS AND RE-ADVERTISE FOR BID THE
HIGHWAY 111 TRAFFIC SIGNAL EQUIPMENT REPLACEMENT AND
INTERCONNECT PROJECT, PROJECT NO. 2008-16.
18. ADOPTION OF A RESOLUTION SUPPORTING EXTENDED PRODUCER
RESPONSIBILITY FOR DISPOSAL OF WASTE. (RESOLUTION NO. 2009-
109)
19. APPROVAL OF A REQUEST FOR PROPOSALS (RFP) TO OBTAIN
PROFESSIONAL ENGINEERING SERVICES TO PREPARE THE PLANS,
SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE
CONSTRUCTION COSTS FOR THE DUNE PALMS ROAD IMPROVEMENTS,
PROJECT NO. 2009-04.
20. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE
CITY COUNCIL TO ATTEND THE INTERNATIONAL COUNCIL OF SHOPPING
CENTERS SPRING CONFERENCE KNOWN AS RECon IN LAS VEGAS,
NEVADA, MAY 23-25, 2010. (See separate action below.)
21. AUTHORIZATION FOR OVERNIGHT TRAVEL FOR ONE MEMBER OF THE
CITY COUNCIL TO ATTEND THE NATIONAL LEAGUE OF CITIES OFFICERS
AND BOARD OF DIRECTORS PLANNING MEETING IN WASHINGTON, DC,
JANUARY 7-9, 2010.
MOTION - It was moved by Council Members Sniff/Evans to approve the
Consent Calendar as recommended and amended with the exception of Item
No. 20 and with Item Nos. 5, 8-13, and 18 being approved by RESOLUTION
NOS. 2009-102 through 2009-109 respectively. Motion carried
unanimously.
Item No. 20
Council Member Franklin asked if it is necessary for staff to attend and
provide a booth.
Mayor Adolph stated it is a matter of being present at the conference,
making the City known to developers and businesses, and recruiting them to
come to La Quinta. He explained the Cities of Indio and Coachella, along
City Council Minutes 6 December 15, 2009
with other cities in the Valley, have booths at the conference; and stated it
is important to promote the City.
Council Member Henderson explained several years ago staff scheduled
appointments in advance with potential merchants.
Council Member Franklin explained her inquiry was regarding the necessity of
the expenditure for the conference.
Council Member Sniff stated there is no harm to participate in the conference
as it is already budgeted.
MOTION - It was moved by Council Members Sniff/Henderson to authorize
overnight travel for one member of the City Council to attend the
International Council of Shopping Centers Spring Conference known as
RECon in Las Vegas, Nevada, May 23-25, 2010. Motion approved
unanimously.
BUSINESS SESSION
1. CONSIDERATION OF AN EXTENSION OF THE MEMORANDUM OF
UNDERSTANDING WITH THE COUNTY OF RIVERSIDE FOR MANAGEMENT
OF THE LIBRARY AND MUSEUM.
Community Services Director Hylton presented the staff report.
In response to Council Member Henderson, Community Services Director
Hylton confirmed the authorization is to negotiate alive-year contract.
Linda Williams, 52-519 Avenida Juarez, President of the La Quinta Historical
Society, stated the professionalism and resources Library Systems and
Services Inc. (LLSI) bring to the museum is good and encouraged the City
Council to approve this item.
Theresa Gallivan, Interim Riverside County Librarian, stated she would like to
continue providing services for the La Quinta Museum.
In response to Council Member Sniff, Ms. Gallivan confirmed the County
manages other museums, such as the Edward Dean Museum in Cherry
Valley.
Council Member Sniff asked how much La Quinta history is provided in the
Museum. Ms. Gallivan explained staff works closely with people in the
City Council Minutes 7 December 15, 2009
community and stakeholders. Ms. Foley further explained staff takes pride in
making the exhibits and art fit the community; stated the museum provides a
variety of exhibits and they are open to suggestions.
Council Member Sniff stated the Museum has a lack of historical programs
on La Quinta. Ms. Foley explained a recent exhibit displayed on the main
floor featured Frank Capra and the La Quinta Hotel, and they have a new
exhibit about the Desert Club downstairs.
Council Member Sniff questioned there being a sense of proportion of the
legitimate history of La Quinta. Ms. Wickman explained the downstairs
gallery is dedicated to La Quinta and its history.
Council Member Sniff stated he does not sense a strong presentation of the
history of the City since its establishment.
Council Member Henderson stated the Historical Society is currently
videotaping interviews regarding the history of La Quinta. Ms. Wickman
confirmed that will become part of the display.
Mayor Adolph stated the City has put on diversified programs at the museum
which has brought in quite an amount of the public.
MOTION - It was moved by Council Members Sniff/Evans to authorize staff
to negotiate a five-year extension with a five-year option to the
Memorandum of Understanding (MOU) with the County of Riverside for
Library and Museum management. Motion carried unanimously.
2. CONSIDERATION OF CITY COUNCIL REORGANIZATION.
City Clerk Montecino presented the staff report.
MOTION - It was moved by Council Members Sniff/Henderson to select
Council Member Franklin to serve as Mayor Pro Tempore. Motion carried
unanimously.
3. CONSIDERATION OF CITY COUNCIL STANDING COMMITTEE AND OTHER
AGENCY APPOINTMENTS.
City Clerk Montecino presented the staff report.
City Council Minutes 8 December 15, 2009
Mayor Adolph entertained any changes of appointments requested by the
City Council and there were none.
MOTION - It was moved by Council Members Sniff/Evans to continue with
the current appointments of the City Council standing committees. Motion
carried unanimously.
4. CONSIDERATION OF AN ORDINANCE AMENDING TITLE 8, CHAPTER 13,
OF THE LA QUINTA MUNICIPAL CODE RELATING TO WATER EFFICIENT
LANDSCAPING AND IRRIGATION SYSTEM DESIGN.
Principal Planner Mogensen presented the staff report.
Council Member Henderson inquired about exempt projects. Principal
Planner Mogensen stated specific exemptions include: mined-land
reclamation projects, public gardens and arboretums, plant collections,
designated historical sites, and ecological restoration projects.
Council Member Sniff asked if this will adversely affect any current
landscaping or require any modifications. Planning Director Johnson
explained a modification would only be required if there is a change in
landscape plans, and new projects would be subject to the new
requirements.
Council Member Henderson asked if this would result in a cost to the City as
an unfunded mandate. Planning Director Johnson explained there is
additional review time of staff for rehabilitation project and staff is reviewing
to address this unfunded mandate.
MOTION - It was moved by Council Members Sniff/Evans to take up
Ordinance No. 476 by title and number only and waive further reading.
Motion carried unanimously.
ORDINANCE NO. 476
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA,
CALIFORNIA, AMENDING THE LA QUINTA MUNICIPAL CODE TITLE 8,
CHAPTER 8.13, UPDATING THE CITY'S WATER EFFICIENT LANDSCAPING
ORDINANCE.
It was moved by Council Members Sniff/Evans to introduce Ordinance No.
476 on first reading. Motion carried by the following vote:
City Council Minutes 9 December 15, 2009
AYES: Council Members Evans, Franklin, Henderson, Sniff,
Mayor Adolph
NOES: None
ABSTAIN: None
ABSENT: None
5. CONSIDERATION OF A "COMMUNITY VIDEO SHOWCASE PROGRAM" IN
CONJUNCTION WITH THE NATIONAL LEAGUE OF CITIES AND CGI
COMMUNICATIONS.
Economic Development Project Manager Powell presented the staff report.
Council Member Franklin asked if the program would not go into effect for
the City unless sponsorships are sold. Economic Development Project
Manager Powell stated they were not able to solicit sponsors for some cities
but still produced videos.
Council Member Evans noted specific types of businesses or entities were
mentioned and asked how businesses not in the City would be solicited and
controlled on the City's website. Economic Development Project Manager
Powell explained that decision is made by the City; and CGI Communications
is willing to work with staff to solicit sponsorships. Assistant City Manager-
Development Services Evans further explained the City Council can direct
staff to include specification of businesses in the contract; and if CGI
Communications feels that is too difficult, staff would recommend that the
City Manager not sign the contract. He added, however, that staff feels this
is a cooperative program.
Council Member Henderson asked if the contract would come back to the
City Council for approval. Assistant City Manager-Development Services
Evans stated it can be brought back for approval if City Council desires.
Council Member Evans conveyed her likes of the program and video;
expressed concern about defining criteria, such as businesses in good
standing, etc., for those who pay sponsorships.
Mayor Adolph stated the program must be monitored; and suggested the
decision be left up to the City Manager to determine what is correct for the
City.
Council Member Henderson stated she is more comfortable in restricting
sponsorships to businesses in the City.
City Council Minutes 10 December 15, 2009
Council Member Sniff questioned the program being practical because the
City receives nothing for it; stated it is a mistake and the City should not
participate in the program; and stated he will not support the program as the
City will have no control.
Mayor Adolph asked if the City would have control. Assistant City Manager-
Development Services Evans explained how the website and video would be
set up; stated staff would be able to review the text, images, and clips.
Mayor Adolph asked if the contract could be cancelled at anytime by either
party and if the City would be able to withdraw from the program if it is
unhappy with CGI. Assistant City Manager-Development Services Evans
stated staff can look into including a 30-day cancellation clause for the two-
year contract, but CGI Communications may have concerns with it.
Council Member Henderson stated she sees no problem with the program;
and stated after hearing concerns expressed by the City Council, the City
Manager can monitor the program.
Council Member Sniff reiterated that he sees no significant value in the
program.
Council Member Evans stated this is a free program and an opportunity to
showcase the City and businesses; stated this is technology the public
wants in previewing the area before visiting here.
Mayor Adolph asked if they can showcase individual businesses. Economic
Development Project Manager Powell explained staff can recommend certain
types of sponsorships and staff has the final approval of what sponsors are
added to the website.
Council Member Franklin asked who would be reviewing the videos.
Assistant City Manager-Development Services Evans stated staff can have
Furino Greene look at it under their retainer; and any graphics, radio or video
produced would be reviewed by Economic Development Project Managers
Casillas and Powell, with City Manager's final approval. Council Member
Franklin requested the City Council review the contract before execution.
MOTION - It was moved by Council Members Henderson/Evans to authorize
participation in a "Community Video Showcase Program" in conjunction with
the National League of Cities and CGI Communications, Inc. with
consideration of the comments made by the City Council, and to direct staff
to bring the contract back for City Council approval. Motion carried by a
vote of 4-1, Council Member Sniff dissenting.
City Council Minutes 1 1 December 15, 2009
STUDY SESSION
Upon consensus, the City Council took up Study Session Item No. 2 at this time.
2. DISCUSSION OF OPTIONS REGARDING THE WIDENING OF FRED WARING
DRIVE BETWEEN ADAMS STREET AND PORT MARIA ROAD.
Public Works Director Jonasson presented the staff report.
Patty Romo, County of Riverside, presented an update on the activities and
discussions of this project; reviewed benefits and impacts of each of the
three alternatives; requested the City Council approve Alternative No. 1 as
the "Locally Preferred Alternative"; reviewed artist renderings of the project
with Alternative No. 1; stated the County is able to fund the project with
Alternative No. 1 .
Council Member Franklin asked if Alternative No. 1 would require the City to
amend the General Plan. Public Works Director Jonasson stated it would
require an amendment as we would be losing a bike lane, and other items.
Council Member Franklin inquired about the road width under Alternative
No. 1 for the westbound side and what specified in the General Plan. Public
Works Director Jonasson explained Attachment 4 of the staff report depicts
the General Plan lane configuration of 13, 12, and 11-foot outside lanes with
an 8-foot bike lane. He confirmed the widths of the west/eastbound lanes
are just short of the General Plan requirement.
In response to Council Member Franklin, City Manager Genovese confirmed a
General Plan Amendment could be taken up at a later time.
Council Member Sniff asked how La Quinta residents would be impacted.
Public Works Director Jonasson outlined some of the concerns in the staff
report; and stated traffic would be closer to residents in the La Quinta Palms
development. He stated motorists in general would have all of the driveways
accessing directly onto Fred Waring Drive; the City does not have this
configuration on any of its arterial roads, and there is a concern about
residents entering the roadway safely.
Council Member Sniff asked if the City would require indemnification for law
suits and a sound wall. Ms. Romo stated the County is willing to include an
indemnification clause; stated the County has conducted noise level studies
and determined traffic will raise the noise level by two decibels, and in order
to mitigate, the County is willing to use rubberized asphalt to reduce the
noise level.
City Council Minutes 12 December 15, 2009
Council Member Sniff stated residents who are affected need a solution and
the quicker the better.
Mayor Adolph stated he recalls receiving one letter in opposition to moving
traffic closer to residents on the south side. He asked if any additional
letters have been received to which Public Works Director Jonasson
responded, "No."
Council Member Henderson referenced a letter the City Council received
from a resident on the south side of the street that was in support of
Alternative No. 1, and asked about the County's efforts to contact residents
on the south side. Molt Solama, representing the County, stated he
contacted the resident in support of the proposal as well as another woman
and invited them to attend the Bermuda Dunes Community Council meeting
to review the project. Council Member Henderson questioned why La Quinta
residents would go to a Bermuda Dunes Community Council meeting.
Mr. Solama explained he was making a presentation and extended the
invitation to the residents on the north side as well as La Quinta Palms
residents.
Council Member Henderson stated she agrees a decision needs to be made
but is disappointed with the County's effort to meet with residents on the
south side. She polled the audience as to how many of them are residents
of La Quinta on the south side or County residents on the north side of Fred
Waring Drive. She also addressed the use of rubberized asphalt and the
need to conduct regular maintenance. She stated what we are faced with
here today is this huge dollar figure and we must take that into
consideration; stated she is unsure Alternative No. 1 can be completed
sooner; and requested staff address the suggestion of a four-lane highway
instead of six lanes.
City Manager Genovese explained afour-lane highway was discussed with
the County, and requested Mr. Kirk further address the issue.
Tom Kirk, Executive Director of Coachella Valley Association of Governments
(CVAG-, stated CVAG does not support afour-lane option; and stated this is
the last project that has not been constructed with the original Measure A
funding. Council Member Henderson asked if there would be a legal issue
with Measure A funding should the Council determine that a four-lane
highway is sufficient. Mr. Kirk stated he has not asked legal counsel to
review that issue but explained the intent of Measure A is to build asix-lane
roadway, and this is the last segment. He confirmed the project will be
funded as the highest priority under Alternative No. 1.
City Council Minutes 13 December 15, 2009
Council Member Henderson asked how much is left of the Measure A funds.
Mr. Kirk stated he does not know the balance under the original Measure A
funding and the new Measure A is reviewed by the Riverside County
Transportation Commission; and stated he does not have all the data in from
all projects under the original Measure A.
Council Member Evans inquired about a cost factor for Alternative No. 3.
Ms. Romo stated it is approximately S12 million. Council Member Evans
asked why a no-cost-to-the-City factor does not apply to Alternative Nos. 2
and 3. Ms. Romo stated it is due to economics noting the cost to the
County under Alternative 1 is approximately S 1 million, and under
Alternative 2 it is approximately S5 million; stated the County has the ability
to fund $1 million but not S5 million at this time; and since CVAG funds
75% of the project, she expects they would have a more difficult time
funding 75% of the higher amount.
In response to Mayor Adolph, Ms. Romo stated turf is not proposed in the
median as the County understands the need for low maintenance. Mayor
Adolph asked if this is the only section of Fred Waring Drive between
Washington Street and Jefferson Street that is not six lanes. Public Works
Director Jonasson confirmed this is the last portion of the widening
improvements on Fred Waring Drive to six lanes.
Richard Savich, 43-955 Port Maria Road, Bermuda Dunes, stated the portion
of Old Harbor to Port Maria on Fred Waring Drive has not been addressed;
and expressed concern that the residents in that area have not been
considered. Public Works Director Jonasson stated the County plans to
continue the street to that area; and explained the two houses between
those streets will remain and there is no impact for La Quinta. Mr. Savich
stated residents turn right onto Fred Waring Drive then make an immediate
left at the end of the median which produces a safety hazard.
Ron Rowell, 79-320 Fred Waring Drive, spokesperson for residents on the
north side of Fred Waring Drive, stated the residents support Alternative
No. 1; stated noise issues will exist regardless of what improvements are
made; and stated he sympathizes with residents on the south side. He
encouraged the City Council to make a decision.
Mayor Adolph asked if the County had disclosed the possibility of widening
the road to residents on the north side, to which Mr. Rowell responded,
"No." Mayor Adolph stated the City Council was concerned when the
County approved the plans for homes on the north side. Mr. Rowell stated
he has attempted to discuss this matter with the residents on the south side.
City Council Minutes 14 December 15, 2009
Council Member Henderson asked what the current speed limit is on Fred
Waring Drive and what the maximum could be when widened to six lanes.
Public Works Director Jonasson stated the speed limit can be up to 55
m.p.h.
Nazir Lalani, City Traffic Engineer, recommended a speed limit survey be
conducted after the widening is completed, and stated the highest legal limit
for that section of the road would be 55 M.P.H. if not posted.
Ron Rowell noted Alternative No. 1 would provide for a lane in front of the
homes to allow acceleration/deceleration onto the roadway.
Nancy Keever, President of the La Quinta Palms Homeowners' Association,
stated the residents have not been contacted by the County and were not
informed of the meeting in Bermuda Dunes; stated there is not a lot of right-
of-way in front of their homes on the south side; stated many of the
residents rent or are part-time residents; and stated residents on the south
side have been aware of the road widening project.
In response to Council Member Henderson, Public Works Director Jonasson
reported some of the electrical poles are in the landscaping or right-of-way,
and some would be moved behind the sidewalk; and explained the
deceleration lane to La Quinta Palms would be reduced in width.
Council Member Henderson stated staff has explained that not all of the
street will be moved. Ms. Keever stated the portion that needs to be moved
is in front of the community; and asked if the landscaping will be against the
wall. Public Works Director Jonasson stated it does not appear the widening
vvould require moving of the wall, and the sidewalk will be replaced closer to
the wall.
Council Member Franklin stated the City Council wants input from all the
residents. She commented on the need to all work together and stated it is
more difficult for the residents who have to be relocated.
Council Member Henderson invited the residents to be involved with
discussions to derive solutions to accommodate everyone.
Council Member Evans commented on the importance of being good City
partners; stated this is a matter of moving forward for the overall safety and
to bring fruition to the plan for traffic flow; and we must move forward and
collaborate with everyone involved.
City Council Minutes 15 December 15, 2009
Public Works Director Jonasson clarified that a portion of the sidewalk
comes within five feet of the current property wall, which may necessitate
moving a portion of the wall.
Mr. Kirk stated the City's focus must be on its residents on the south side
and the residents on the north side, along with the taxpayers who funded
Measure A. He explained CVAG would not be supportive of doing a S22
million project when a S6 million alternative would suffice; requested the
City Council to move forward and support Alternative No. 1 .
Council Member Sniff conveyed support for Mr. Kirk's comments and stated
action needs to be taken now for a solution.
Mayor Adolph asked if a sound wall is planned on the south side. Public
Works Director Jonasson explained the County would have to conduct an
environmental review. City Manager Genovese stated if the City Council
chooses to move forward with Alternative No. 1, there would need to be an
agreement with the County for a sound wall.
Council Member Henderson stated a sound wall has already been discussed,
along with maintenance for the rubberized road; and stated the sound wall
would need to be established under City standards.
Ms. Romo explained the sound wall will depend on a sound study as part of
the requirements of the environmental documents.
Mr. Kirk stated if the City Council decides on Alternative No. 1, the City
would have leverage over the project as the City Council must approve
moving the centerline.
City Attorney Jenson explained the City Council is not making a binding
decision at this time but only giving direction in order for an environmental
document to be prepared. City Manager Genovese further explained an
agreement with certain conditions will be presented at a later date where
this issue can be imposed.
Council Member Franklin confirmed the City Council is in agreement with
proceeding with Alternative No. 1, and including all issues discussed by the
City Council.
Council recessed to and until 7:00 P.M.
City Council Minutes 16 December 15, 2009
7:00 P.M.
PUBLIC COMMENT -None
PRESENTATIONS -None
PUBLIC HEARINGS
Mayor Adolph and Council Member Franklin recused themselves from participating
in Public Hearing Nos. 1 and 2 due to a potential conflict of interest because of the
proximity of their residences to the project.
1. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS
FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT AND A MITIGATION MONITORING AND
REPORTING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2008-601;
2) APPROVAL OF SPECIFIC PLAN 83-002, AMENDMENT NO. 7;
3) APPROVAL OF TENTATIVE TRACT MAP 36139; AND 4) APPROVAL OF
SITE DEVELOPMENT PERMIT 2008-907 TO SUBDIVIDE THE PROJECT SITE
AND CONSTRUCT THE PGA WEST GOLF VILLAS, A 54-UNIT RESIDENTIAL
DEVELOPMENT CONSISTING OF SINGLE FAMILY ATTACHED DUPLEX
UNITS AND COMMUNITY CENTER FOR PROPERTY LOCATED ON THE
WEST SIDE OF PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58.
APPLICANT: PYRAMID PROJECT MANAGEMENT, LLC.
Planning Director Johnson presented the staff report and stated Pyramid
Project Management, LLC has requested a 90-day continuance.
Mayor Pro Tem Henderson noted the public hearing remains open.
Rob Bernheimer, representing the applicant, stated a majority of the
residents desire a better tennis experience, and Pyramid wants to provide a
better experience of tennis, clubhouse, and dining for the residents; stated
more time is needed to mitigate issues and requested City staff attend the
meetings. He explained starting over with new plans would push the project
to the summer.
Ken Hoeppner, Vice President of Pyramid Group, emphasized their
commitment to complete the improvements and provide quality facilities, and
requested the City Council approve the continuance.
City Council Minutes 17 December 15, 2009
Gary Lesser, 81-640 Tiburon Drive, stated Pyramid has tried to push the
project through without communicating the facts to the residents; over 130
residents have expressed their objection to the project and Pyramid's lack of
communication; and requested the City Council deny the applicant's request
for a continuance.
Dick Mills, 81-600 Tiburon Drive, stated he helped to form an ad hoc
committee to advise residents and members about the improvements and the
ad hoc committee requested Pyramid withdraw their plans but they rejected
the request. He requested the City Council deny the continuance for the
following reasons: 1) the only communication from Pyramid was a notice
stating the public hearing was continued, 21 Pyramid has accomplished
nothing since the October 15, 2009 hearing, 3) the PGA West residents
have not been informed of the proposal details, and 4) the applicant has no
credibility as they have made false and misleading statements to the
Planning Commission. He referenced comments made by Planning
Commissioners regarding communication with PGA residents from Pyramid,
feedback received from the residents, and untrue statements made by
Pyramid concerning an agreement; and requested the City Council deny the
request of continuance.
Steve Wise, 57-419 Colonial, stated the project plans were formulated with
little or no input from PGA West residents; the ad hoc committee has urged
Pyramid to conduct a survey and meet with PGA West residents to get their
support for plans that can be resubmitted for City Council consideration;
stated a 90-day continuance is not enough time to resolve the issues and
suggested the project be continued for 9-12 months.
Penni Sturgill, 57-605 Ballybunion,
comments and requests made by Mr
West.
requested the City Council consider
Mills to work with the owners of PGA
Bruce Franklin, 81-060 Kingston Heath, thanked the ad hoc committee for
an excellent presentation; stated credibility and honesty are extremely
important which Pyramid has not displayed; explained misrepresentations
made by Pyramid to the Planning Commission; must consider the credibility
and honesty of the developer and suggested the matter be denied and
presented to the Planning Commission again.
Council Member Sniff made a motion to deny the request for continuance.
Motion died for lack of a second.
Council Member Evans conveyed confusion about the representation of the
ad hoc committee members individually; stated she is torn whether they are
City Council Minutes 18 December 15, 2009
representing the residents as valid points were made; structure is needed if
the continuance is granted as neither side has progressed with
communicating with each other; suggested staff administer meetings; and
agreed a different communication process would have been preferred from
the beginning of this project; must move forward and determine if this
project is viable.
Mayor Pro Tem Henderson stated the credibility factor is important and
stopping everything now and starting over may not bring credibility; the
power of the voice of the residents can be used within the next 90 days and
if no progress has been made when this item is brought back at that time,
the City Council will not review this matter favorably; does not see an issue
with addressing this matter in March 2010; Pyramid has a proposal on paper
and should address the needs of the residents; and is supportive of the 90-
day continuance.
Mr. Wise stated the ad-hoc committee does not claim to represent all of the
PGA West members because it has not communicated with all of them, but
the City Council has received an overwhelming response against this project
from the residents; and to continue a project that has been ill-conceived is a
mistake. He suggested the project be started again with facts
communicated to the membership.
Mr. Bernheimer stated there has been no intentional misrepresentation, but
there have been misunderstandings regarding past statements at the
Planning Commission meetings. He stated the plan that was presented
before the City Council is the same plan presented to the Planning
Commission, except for minor changes made at the request of the residents;
stated Pyramid mistakenly took positive feedback from a number of the
residents to move forward with the project; there are opportunities to learn
from one another if we work together; if the continuance is denied it will
stop the process of all working together; and further stated progress can be
made with the City sitting at the table.
James Cox, 55-914 Braeburn, stated the ad hoc committee received over
120 emails from residents but clarified the ad hoc committee does not
represent the membership at this time.
Mayor Pro Tem Henderson stated most residents have communicated with
Pyramid by email; concerns and issues have been brought to the table; and
the residents' power and strength is stronger now; suggestions made by the
ad-hoc committee are great; residents must be willing to meet with Pyramid
as well.
City Council Minutes 19 December 15, 2009
Mr. Mills requested the City Council look back on what has occurred from
October 15 to December 15 as no contact or communication has been made
by Pyramid; and stated the developer has no credibility. Mayor Pro Tem
Henderson asked if a meeting with Pyramid was scheduled and then
cancelled. Mr. Mills confirmed and explained Pyramid met with only three
people and not the majority of the membership; Pyramid has not done
anything since the last 60 days. He urged the City Council to deny the
continuance.
Council Member Sniff stated if progress in the project cannot be made in 60
days then why would it in 90 days; stated sometimes you must get to the
point and deal with it, keeping in mind what has or has not been
accomplished in the specified time; stated the Easter holiday is typically the
end of the season and some residents begin to leave the Valley; the sense of
the audience is generally not in favor of continuing this matter for another 90
days; and both the developer and residents need some kind of conclusive
answer.
Mayor Pro Tem Henderson stated she is not happy this is before the City
Council again for another continuance; and communications from both sides
have been erratic.
Council Member Sniff stated the developer has not demonstrated a
significant obligation to communicate with the residents within the last 60
days and he is not confident that communication will occur in the next 90
days.
Mayor Pro Tem Henderson stated the next two and half weeks will be a
challenge for both the developer and the residents.
MOTION - It was moved by Council Members Evans/Sniff to deny the
request fora 90-day continuance.
Mayor Pro Tem Henderson stated she would have liked to have seen the
developer make use of the time but it appears it will not happen; therefore,
she will support the motion.
Motion carried unanimously.
City Council Minutes 20 December 15, 2009
2. CONTINUED PUBLIC HEARING TO CONSIDER ADOPTION OF A
RESOLUTION APPROVING PLANS FOR THE REMODEL AND EXPANSION OF
THE PGA WEST PRIVATE CLUBHOUSE LOCATED ON THE WEST SIDE OF
PGA BOULEVARD BETWEEN AVENUE 54 AND AVENUE 58. APPLICANT:
PYRAMID PROJECT MANAGEMENT, LLC.
Rob Bernheimer, Pyramid Project Management, LLC, stated the applicant is
not prepared to move forward due to the denial of the continuance and
withdraws their application at this time.
Mayor Pro Tem Henderson recessed the City Council meeting.
Mayor Adolph reconvened the meeting.
STUDY SESSION ........continued
1. DISCUSSION OF TURF REDUCTION AND LANDSCAPE PLANS FOR FISCAL
YEAR 2009-2010 GREEN PROJECTS.
Golf and Park Landscape Manager Howlett presented the staff report.
Mr. Tom Doczi, TKG, presented the master plan for replacing turf around the
Civic Center, Police Substation, and Fire Station No. 34 with water efficient
landscaping.
Council Member Henderson asked if there is a product on the market that
addresses the clogging of drip systems and questioned the maintenance cost
for the drippers. Mr. Doczi stated typically the water goes through a valve
with a strainer to clean the water before it reaches the sprinkler head, and
the maintenance would be concentrated at the valve and not the sprinkler
head.
Mayor Adolph stated he does not believe we are in a critical water shortage
stage; the color of the turf depicted in the presentation will not be true after
planting; addressed omitted plants where drip heads are placed; stated some
turf, or artificial turf, is needed; and stated it will take many years to recover
the expense for replacing the landscaping.
Community Services Director Hylton stated the trees would remain on the
Civic Center Campus. Mayor Adolph stated the trees at the Fire Station will
be new and of a small caliper. Mr. Doczi explained some mature trees will
be installed throughout the new plantings.
City Council Minutes 21 December 15, 2009
Community Services Director Hylton explained the funding sources for the
Civic Center Campus is from AB 939 funds and not from the General Fund;
and further explained the savings would be in water reduction, not in dollars.
Council Member Sniff stated Mr. Doczi's original design for the Civic Center
Campus was inadequate and revised by the City. He assumes one purpose
of the program is to save water, which is fine, but noted there is turf at
SilverRock Resort and at all of the parks; and if turf is bad, then it is bad
everywhere. He takes some offense to removing the turf and is searching
for a compelling reason to support the staff recommendation. He does not
understand where the funding is coming from or why it is necessary to
change the landscaping. He does not believe this project is necessary to
utilize water judicially as we are not out of water; and conveyed opposition
to the staff recommendation.
Council Member Franklin requested desert gravel in areas where there are
erosion problems; suggested more desert gravel and less turf on new
projects that come before the City Council; and suggested replacing turf with
artificial turf.
Council Member Evans stated she feels the landscape changes will enhance
the Civic Center Campus. She questioned the idea that the public would
review the desert-scape at the Police Substation when trying to determine
how to landscape their properties; and suggested the Civic Center Campus
enhancement be done in phases.
Council Member Henderson thanked staff for bringing this proposal forward
at the City Council's request. She is supportive of enhancements at the
Civic Center Campus and suggested pathways be included in the desert-
scape for residents crossing to the Campus on Avenida La Fonda. She does
not believe this project will take away from the beauty of the Civic Center
Campus; requested some turf remain at the City Hall monument; stated the
Fire Station would be a good demonstration of desert-scape, and suggested
retaining more turf; agrees something should be done at the Police
Substation especially in the backyard; supports the proposal of the Civic
Center, suggested modifying the Police Substation proposal, and agreed
there is much turf at the Fire Station; and expressed concern about the
growth of date palm trees proposed at the City monument.
Mayor Adolph confirmed the consensus of the City Council is for some turf
to remain in the proposal.
City Council Minutes 22 December 15, 2009
Community Services Director Hylton, stated more sod can be incorporated;
addressed drainage issues on the slopes at the Civic Center Campus with
walk areas from across the street on Avenida La Fonda; explained staff's
intent was not to remove turf from the parks, and that this proposal was
brought forward at the City Council's request.
Council Member Franklin addressed the landscaping at the corner of Avenida
La Fonda and Washington Street, and requested staff review pricing to utilize
artificial turf in that area.
Council Member Evans asked if the landscape changes at the Civic Center
Campus would impact the Arts Festival event. Community Services Director
Hylton confirmed there would be no impact to the use of the park area
during the event.
Golf and Park Landscape Manager Howlett confirmed the inclusion of the
parkway areas in front of the Senior Center.
Mayor Adolph stated he is surprised the area west of the Senior Center was
not addressed.
REPORTS AND INFORMATIONAL ITEMS
Riverside County Transportation Committee -Council Member Henderson reported
on a joint meeting with the Executive Committee and stated TUMF and Measure A
funding sources are down; and assured the City Council the freeway interchanges
are still on line.
CVAG Executive Committee -Mayor Adolph reported the Committee approved
funds for I-10 interchanges at Bob Hope Drive, Ramon Road, and Indian Avenue.
They also approved a request for funding from the Riverside County Transportation
Committee for signal interconnects at Adams Street, Dune Palms Road, and Miles
Avenue, as well as the Eisenhower Street interconnect, and a new signal at
Madison Street and Avenue 54.
SunLine Transit Agency -Mayor Adolph reported traffic centers will be discussed
in January 2010 by both the Cities of Indio and Coachella.
Bob Hope Classic Fund Distribution Committee -Mayor Adolph reported he was
assigned to interview two entities for funding requests, which includes Martha's
Village and C.V. Educational Foundation.
City Council Minutes 23 December 15, 2009
DEPARTMENT REPORTS
Council Member Evans inquired about a "Check the Welfare Call" on the Police
Report. Assistant Police Chief Huskey explained it is a courtesy call the
department makes when someone voices concern about a neighbor not being seen.
MAYOR AND COUNCIL MEMBERS' ITEMS
Mayor Adolph reported he attended the ribbon cutting for the La Quinta Art Gallery
that is oddly combined with a dentist office.
Council Member Evans requested the City Council address the possibility of making
a donation to Martha's Village and the Coachella Valley Rescue Mission for the
Christmas holiday. Mayor Adolph suggested the City Manager be given the latitude
to provide the same as was given for the Thanksgiving holiday. Council
concurred.
ADJOURNMENT
There beirig no further business, it was moved by Council Members Sniff/Evans to
adjourn. Motion carried unanimously.
Respectfeflly subm
VERONICA J.~IVIONTECINO, City Clerk
City of La Quinta, California