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2010 06 15 CC MinutesLA QUINTA CITY COUNCIL MINUTES JUNE 15, 2010 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 and/or disposition of real property for the following: APNs/Property Owners/Negotiators: 767-220-004, Turner Development, Rusty Turner; and 767-230-001, -002, and -003, RHKIDS, LLC, Ron Hakakian. 2. Conference with City's real property negotiator, Douglas R. Evans, pursuant to Government Code Section 54956.8 concerning potential terms and conditions of acquisition and/or disposition of real properties located on Jefferson Street south of Westward Ho Drive. APNs/Property Owners/Negotiators: 600-080-041, Supper Club Golf, Jim Snellenberger; 600-070-012, Cho-Park, LLC, Hannah Park; and 600-080-001 through -009, City of La Quinta. 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. City Council Minutes 2 June 15, 2010 PUBLIC COMMENT -None CONFIRMATION OF AGENDA- Confirmed ANNOUNCEMENTS -None PRESENTATIONS -None WRITTEN COMMUNICATIONS -None APPROVAL OF MINUTES MOTION - It was moved by Council Members Sniff/Evans to approve the City Council Minutes of June 1, 2010, as amended (changing voting results for Investment Advisory Board on page 5-. Motion carried unanimously. MOTION - It was moved by Council Members Sniff/Evans to approve the City Council Special Meeting Minutes of June 3, 2010, as submitted. Motion carried unanimously. CONSENT CALENDAR 1. APPROVAL OF DEMAND REGISTER DATED JUNE 15, 2010. 2. RECEIVE AND FILE TREASURER'S REPORT DATED APRIL.30, 2010. 3. RECEIVE AND FILE REVENUE & EXPENDITURES REPORT DATED APRIL 30, 2010. 4. APPROVAL TO EXCUSE COMMISSIONER PAUL QUILL'S ABSENCE FROM THE JUNE 8, 2010, PLANNING COMMISSION MEETING. 5. APPROVAL OF SECOND READING AND ADOPTION OF ORDINANCE NO. 481 AMENDING TITLE 2, CHAPTER 2.95, SECTION 2.95.030 (MEMBERS) OF THE LA QUINTA MUNICIPAL CODE RELATIVE TO THE COMMUNITY SERVICES COMMISSION. City Council Minutes 3 June 15, 2010 6. APPROVAL OF A CONTRACT CHANGE ORDER WITH VINTAGE ASSOCIATES FOR PARK LANDSCAPE MAINTENANCE SERVICES, PROJECT N0. 2009-20. 7. APPROVAL OF AWARD OF CONTRACT TO BRUCE AND SANDY SWAN FOR THE EXPANSION OF THE VETERANS ACKNOWLEDGMENT AREA AT THE CIVIC CENTER CAMPUS. 8. ACCEPTANCE OF OFFSITE IMPROVEMENTS ASSOCIATED WITH TRACT MAP 30023-1 AND 30023-2, TRILOGY, SHEA LA QUINTA, LLC. 9. ACCEPTANCE OF FISCAL YEAR 2010-2011 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) AWARD IN THE AMOUNT OF $18,589 FROM THE BUREAU OF JUSTICE ASSISTANCE AND APPROVAL TO SUBMIT PROJECT APPLICATION. 10. ADOPTION OF A RESOLUTION CALLING AND GIVING NOTICE OF THE HOLDING OF A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, FOR THE ELECTION OF CERTAIN OFFICERS AS REQUIRED BY THE PROVISIONS OF THE LAWS OF THE STATE OF CALIFORNIA. (RESOLUTION NO. 2010-041) 11. ADOPTION OF A RESOLUTION REQUESTING THE BOARD OF SUPERVISORS OF THE COUNTY OF RIVERSIDE, CALIFORNIA, TO CONSOLIDATE A GENERAL MUNICIPAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 2010, WITH THE STATEWIDE GENERAL ELECTION TO BE HELD'ON THE DATE PURSUANT TO § 10403 OF THE ELECTIONS CODE. (RESOLUTION NO. 2010-042) 12. APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH YOUNG ELECTRIC SIGN COMPANY FOR LANDSCAPE LIGHTING MAINTENANCE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT NO. LMC 2008-14. 13. APPROVAL OF AMENDED AGREEMENT FOR LEGAL SERVICES WITH RUTAN & TUCKER, LLP. 14. APPROVAL OF PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE (PS&E) OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO ADVERTISE FOR BID THE WASHINGTON STREET WIDENING IMPROVEMENTS, PROJECT NO. 2008-18. 15. ACCEPTANCE OF TRAFFIC SIGNAL IMPROVEMENTS AT AVENUE 52 AND DESERT CLUB DRIVE, PROJECT NO. 2008-02. City Council Minutes 4 June 15, 2010 16. .APPROVAL OF AMENDMENT NO. 1 TO THE AGREEMENT WITH TESERRA FOR LANDSCAPE MAINTENANCE SERVICES FOR LANDSCAPE AND LIGHTING ASSESSMENT DISTRICT 89-1, PROJECT 2008-13, AND APPROVAL OF CONTRACT CHANGE ORDER NO. 3. 17. APPROVAL OF THE AB2766 MEMORANDUM OF UNDERSTANDING BETWEEN COACHELLA VALLEY ASSOCIATION OF GOVERNMENTS (CVAG) AND CITY OF LA QUINTA INCREASING CONTRIBUTIONS FROM CITIES. 18: APPROVAL OF THE PLANS, SPECIFICATIONS, AND ENGINEER'S ESTIMATE OF PROBABLE CONSTRUCTION COSTS AND AUTHORIZATION TO ADVERTISE FOR BID THE SEASONS DOG PARK IMPROVEMENTS, PROJECT NO. 2009-05. 19. ADOPTION OF A RESOLUTION APPROVING THE SUBORDINATION OF RIVERSIDE COUNTY REDEVELOPMENT AGENCY STATUTORY PASS- THROUGH PAYMENTS TO THE CITY OF LA QUINTA. (RESOLUTION NO. 2010-043) 20. ADOPTION OF A RESOLUTION REQUESTING THE COUNTY OF RIVERSIDE TO PLACE COLLECTION COSTS FOR SOLID WASTE HANDLING SERVICES AT SINGLE-FAMILY DWELLINGS ON THE TAX ROLLS. (RESOLUTION NO. 2010-044) MOTION - It was moved by Council Members Sniff/Franklin to approve the Consent Calendar as recommended and with Item Nos. 10, 11, 19, and 20 being approved by RESOLUTION NOS. 2010-041 through 2010-044 respectively. Motion carried unanimously. BUSINESS SESSION 1. CONSIDERATION OF A RESOLUTION ADOPTING THE INVESTMENT POLICY OF THE CITY OF LA QUINTA FOR FISCAL YEAR 2010-2011. Finance Director Falconer presented the staff report. Council Member Henderson commended staff for the report and thanked Theodore Ross for his service on the Investment Advisory Board (IAB). - In .response to Mayor Adolph, Finance Director Falconer stated the IAB unanimously approved the Investment Policy and recommended City Council approval; and stated staff concurs with the recommendation. City Council Minutes 5 June 15, 2010 Council Member Sniff asked if the IAB has any recommendations on how to increase City's revenue from investments and if there has been any indication about when investments will improve. Finance Director Falconer explained the City is not making the yields we made in the past due to the current economy; stated a historical review revealed a 4% yield over the past 10 years and the current yield is approximately .05% He stated staff had anticipated interest rates would start increasing by the end of 2010, but after hearing Federal Chairman Bernanke's recent comments, rates probably will not start increasing until the third quarter of September 201 1. In response to Council Member Henderson, Finance Director Falconer explained the 4% yield of investments is an average over a 10-12 year period; yield on investments impacts the budget as interest income is a big part of the budget; and stated the primary purpose of investments is safety then liquidity and yield. RESOLUTION NO. 2010-045 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, APPROVING AND ADOPTING THE AMENDED INVESTMENT POLICY FOR FISCAL YEAR 2010-2011. It was moved by Council Members Henderson/E:vans to adopt Resolution No. 2010-045 as submitted. Motion carried unanimously. 2. CONSIDERATION OF AN ORDINANCE AMENDING CHAPTERS 1 AND 10 OF THE LA QUINTA MUNICIPAL CODE RELATING TO INFRACTION AND MISDEMEANOR FINE LEVELS AND ANIMAL BITE REGULATIONS. City Attorney Jenson presented the staff report and reviewed Section 10.04.070 regarding Dangerous and Vicious Dogs. Mayor Adolph stated the purpose of the ordinance is to address issues related to dog owners who do not keep their dogs on leashes. He voiced concern regarding a reference in Exhibit C that animals may be humanely destroyed after 30 days if the owner has not provided acceptable means of containment. Building & Safety Director Hartung explained the "normal" procedure is for dogs to be put up for adoption if deemed adoptable. Council Member Henderson suggested adding language in the ordinance that clarifies that. City Council Minutes 6 June 15, 2010 City Attorney Jenson stated the language "after following normal procedures" can be added to the ordinance. Council Member Sniff asked if the ordinance .refers to animals other .than dogs and pointed out the inconsistency of referencing animals and dogs in the report. City Attorney Jenson stated all references can be changed to "animals." In response to Council Member Evans, City Attorney Jenson confirmed current offenses on file will be carried over upon implementation of the ordinance. Council Member Franklin asked who determines if a dog bite occurred. City Attorney Jenson stated it is based on testimony if an Animal Control Officer is not present. Building & Safety Director Hartung stated if the dog owner denies the occurrence, then the Animal Control Officer would collect as much evidence as possible and possibly issue a citation to enable a Hearing Officer to make athird-party determination. In response to Council Member Evans, Building & Safety Director Hartung stated Animal Control Officer schedules are flexed to monitor when a complaint is received or during peak hours. Council Member Henderson asked if Animal Control Officers patrol in the Cove. Building & Safety Director Hartung stated they randomly patrol the City, including the Cove. William Schneid, P.0. Box 403, thanked the City Council for their attentiveness to its citizens; explained his experience with an attack from two Pit Bull dogs and expressed concern about infractions not being imposed when attacks are made to other dogs. He addressed the issue of requiring insurance to obtain a dog license and related his position that owners should be responsible for their dogs. Michelle Patton, 54-290 Avenida Martinez, representing the Cove Homeowners Association Steering Committee, stated city regulations .for animal control should be uniform with State law; people who own dogs that are a menace or bite should be fined; off-leash dogs should not be permitted . in the City; and laws should be. strongly enforced. She commented on owners not picking up the feces from their dogs when walking them, and stated increasing the fines will help people adhere to the Codes. .Joan Rebich, 53-810 Avenida Cortez, asked if these would be addressed as civil or criminal offenses and if violations would be a .misdemeanor. City City Council Minutes 7 June 15, 2010 Attorney Jenson explained the first layer would be an infraction and the second a misdemeanor; and confirmed the matter would be enforced as a criminal offense. In response to Mayor Adolph, Building & Safety Director Hartung explained the City requires the owner to provide liability insurance if a dog is declared dangerous or vicious, and noted owners of certain breeds are unable to obtain insurance; and further stated the City does not currently require insurance to obtain a dog license. City Attorney Jenson explained liability insurance can be added as a requirement to obtain a dog license but the requirement cannot be breed specific; and noted requiring insurance could inhibit citizens from obtaining a dog license. Mayor Adolph asked if the requirement is imposed, would it require showing proof of insurance from their homeowner's policy. Building & Safety Director Hartung stated that would be one way, but staff has discussed the possibility with the City Attorney about the dog owner signing a document that states they have liability insurance. City Attorney Jenson explained the statement could be signed under penalty of perjury. Council Member Evans stated the concern about requiring insurance was that it may result in people not obtaining a dog license. She asked if an insurance requirement is imposed, could a first infraction become a misdemeanor if the insurance cannot be verified. Building & Safety Director Hartung stated the insurance requirement is imposed once a dog has been determined to be vicious. In response to Mayor Adolph, Building & Safety Director Hartung confirmed dog license tags are required to be worn but not checked when people walk their dogs unless the dog is off-leash or at large. In response to Council Member Sniff, City Attorney Jenson explained one section of the ordinance deals with dog licensing and the other section deals with animal bites. Council Member Evans asked if an exotic .animal has different requirements, and if an insurance requirement would be for animals versus dogs as a breed. City Attorney Jenson stated State law requires residents to obtain a dog license, which provides a convenient vehicle to impose an insurance requirement, whereas there is no annual tracking of other animals. Council Member Henderson stated the restitution will have a significant effect. She empathizes with Mr. Schneid regarding his recommendation to City Council Minutes 8 June 15, 2010 impose an insurance requirement, but does .not see it to be feasible to impose on all dogs in the. entire City. Mayor Adolph stated if owners are going to allow their dogs to run loose then they should have insurance to cover what their dog may do. Council Member Franklin stated the owner would .have to show proof of insurance to the County at the animal shelter since that is where the dog would be taken. A discussion ensued regarding Animal Control Officers picking up dogs at large, and returned to owners if they are licensed or taking them to the shelter if they are not licensed. Council Member Henderson stated the proposed ordinance increases- the penalty to $500 on the third offense of a dog being at large; that is quite an infraction and if an insurance requirement is imposed it should be at that time. City Attorney Jenson stated language can be added to Exhibit C requiring liability insurance when a third at-large offense occurs. Mayor Adolph stated citizens should be protected in some way legally to be able to recover medical costs resulting from a dog bite. City Attorney Jenson stated the addition of providing liability insurance can be imposed upon the third time a dog is picked up as being at large. Council Member Sniff agreed and suggested the ordinance be imposed with the modification's and monitored for a period of time. In response to Council Member Evans, Building & Safety Director Hartung stated dog owners are given 10 days to obtain vaccinations and a dog license when picked up for being off leash, and are issued a citation if the license is not obtained within the 10 days. He .explained dog licensing is checked the first time an Animal Control Officer comes in contact with the dog and if there is no license, the owner is given a warning and required to obtain the license. City Attorney Jenson pointed out the owner receives a citation for the dog being off-leash regardless of it having a license.. MOTION - It was moved by Council Members Sniff/Henderson to-take up Ordinance No. 482, as modified, by title and number only and waive further reading. Motion carried unanimously. City Council Minutes 9 June 15, 2010 ORDINANCE NO. 482 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA Q.UINTA, CALIFORNIA, AMENDING THE LA nUINTA MUNICIPAL CODE TO IMPOSE HIGHER PENALTIES FOR INFRACTIONS AND MISDEMEANORS IN GENERAL, AND ADDING A NEW SECTION RELATING TO ANIMAL BITES. It was moved by Council Members Sniff/Henderson to introduce Ordinance No. 482, as modified, on first reading. Motion carried by the following vote: AYES: Council Members Evans, Franklin, Henderson, Sniff, Mayor Adolph NOES: None ABSTAIN: None ABSENT: None STUDY SESSION 1. DISCUSSION OF ALTERNATIVES TO RE-STRIPE THE LANES ON AVENIDA BERMUDAS TO REDUCE TRAFFIC SPEEDS AND VOLUMES AND TO ALLOW BICYCLE AND GOLF CART LANES. Public Works Director Jonasson presented the staff report; and Contract Traffic Engineer Lalani reviewed the alternative layouts. Council Member Sniff conveyed support for Alternative #2 and concern about the lanes being reduced to 10 feet. Cantract Traffic Engineer Lalani explained 10-foot lanes have been used effectively to slow traffic and the parking. lane would enable residents to back into the street safely. Council Member Sniff asked how many vehicles use the street daily. Contract Traffic Engineer Lalani stated 10,000 vehicles use Avenida Bermudas at the north end and 6,000 vehicles at the south end. Council Member Sniff asked if additional stop signs would be effective. Contract Traffic Engineer Lalani explained residents will not stop at the stop signs due to the lack of side-street traffic and enforcement would be an issue. In response to Council Member Sniff, Public Works Director Jonasson stated staff has not reviewed the alternatives with the Police Department but can do that prior to implementation. Council Member Henderson asked about the possibility of changing the eight- foot wide sidewalk to multi-use to include bicycles and golf carts. Public City Council Minutes 10 June 15, 2010 Works Director Jonasson explained a sidewalk must be at least eight feet wide to include golf cart use. Council Member Henderson stated she travels Avenida Bermudas at least twice a day and has received a number of comments .from people regarding this issue. She supports the striping of a parking lane but does not support dedicating 16 feet of roadway to accommodate a small number of golf carts and bicycles; and supports widening the bicycle lane and incorporating a golf-cart-path potential for the future. She feels four lanes of travel are necessary because the traffic is heavy in both directions at different times of the day. She suggested eliminating the bicycle lane on the east side and incorporating amulti-use sidewalk. She stated an issue not yet discussed is the provision of a safe venue for pedestrians to cross the street. She suggested painted crosswalks be incorporated at the stop signs and include the cost of flashing beacons in next year's CIP. She feels residents have refrained from using Eisenhower Drive as an alternate route because of construction over the last few years; and stated it can be improved by addressing some of the landscaping and median lighting issues, and by using reflective paint for the striping. In response to Council Member Franklin, Contract Traffic Engineer Lalani explained the purpose of the left-turn lane is to provide a safe haven for vehicles turning instead of stopping on a through lane. He further explained staff recommends the lanes be reduced to 10 feet to decrease traffic speed. Council Member Franklin stated cleft-turn lane is not necessary, and neither is the dedication of 16 feet of roadway .for golf carts and bicycles. She suggested eliminating the left-turn lane, increasing the through lanes. to 12 feet, and narrowing the bicycle lane. Council Member Evans stated she -likes the left-turn lane, and noted the issues of concern were safety of pedestrians crossing the street and slowing .traffic. She would like all amenities to be implemented, including two lanes northbound and southbound, a parking lane, and a golf cart/bicycle lane; and agreed with installing crosswalks of the current stop signs. She stated 10- foot lanes are effective in reducing traffic speed, and the left-turn lane is needed to address the pedestrian crossing issue. She conveyed support for Alternative 2. Council Member Sniff spoke in support of having two 12-foot-wide lanes in both directions and diminishing the left-turn lane. Contract Traffic Engineer Lalani explained two south/northbound lanes and a left-turn lane can be accommodated if the bicycle lanes are eliminated. City Council Minutes 11 June 15, 2010 Mayor Ado-ph stated the 'resident who approached the City Council was concerned about the speed of traffic, and if it is reduced it will be the Police Department's responsibility to enforce it; and after receiving a few citations the offenders will slow down. He stated he ciid not observe any traffic on Avenida Bermudas at approximately 10:00 a.m.; and asked what the traffic counts are on Avenida Bermudas and Eisenhower Drive and how many residents live in the Cove. Contract Traffic Engineer Lalani stated there are about 10,000 vehicles a day at the north end of Avenida Bermudas at Avenue 52 and about 6,000 vehicles per day at the south end at Calle Colima; the traffic count on Eisenhower Drive is about 7,000. Council Member Henderson stated approximately 15,000 residents live in the Cove, but noted the traffic counts include a resident that may travel the street three times in one day. Mayor Adolph questioned there being a need for a golf cart lane on Avenida Bermudas; and spoke in support of wide lanes, reducing the speed limit, increasing the width of the bicycle lane, and installing crosswalks at the current stop signs. Council Member Henderson stated she did not support increasing the speed limit to 45 mph when the speed study was befiore the City Council, but the Police Department cannot enforce a lower speed limit if the speed limit is proven to be unrealistic. Public Works Director Jonasson stated the Police Department has lost cases they cited for speeding because the speed limit did not match what was in the speed study. Mayor Adolph commented on the need to provide as much room as possible for residents to back out from their driveways safely and merge into the 45 mph traffic. Public Works Director Jonasson stated the minimum recommendation is to incorporate a parking lane for the residents; and explained speed humps would not be appropriate on Avenida Bermudas because of the width. Mayor Adolph stated he is not asking for speed humps to be installed. Public Works Director Jonasson further explained additional striping is effective to reducing the traffic speed on a road this wide. Council Member Sniff stated the solution is to have two 12-foot wide lanes in both directions and adjust the parking lane and bicycle lanes to accommodate the increased width of the through lanes. Council Member Henderson suggested changing the through lanes to 11 feet, delineating the parking lane, and inserting one bicycle lane on the east side. City Council Minutes 12 June 15, 2010 Council Member Evans suggested Alternative 2 be modified with both bicycle lanes reduced from eight to six feet, and the remaining four feet be divided among the ten-foot wide lanes with two north/southbound through lanes, and eliminating the left-turn lane. Council Member Henderson stated she does not support having a bicycle lane on both sides of the street. Contract Traffic Engineer Lalani explained Alternative 3 would be the configuration to modify with 11-foot wide through lanes, six-foot wide bicycle lanes. on either side; and stated it is normal practice to have two bicycle lanes. Council Member Franklin suggested approving Alternative 3 with 11-foot wide north/southbound through lanes, six-foot wide bicycle lanes, and an 8- foot wide parking lane. Council Member Henderson asked if six feet can accommodate a golf cart. Contract Traffic Engineer Lalani stated there are other areas in the City where a golf cart/bicycle lane is six feet. Council Member Sniff requested this configuration be reviewed by the Police Department.. Council Member Henderson questioned the need to waste 12 feet for golf carts and bicycles that could be utilized to provide something in the middle of the street for pedestrians to safely cross the street; and stated she did not want to go less than 1 1 feet for the through lanes. In response to Council Member Henderson, Contract Traffic Engineer Lalani . confirmed a 10-foot wide center left-turn lane can be done since it is-not for moving traffic. Public Works Director Jonasson asked if the consensus is to eliminate the bicycle lanes and do a center lane. Mayor Adolph agreed- with removing the bicycle lane on the west side but wants the bicycle lane on the east side widened to be safer. The City Council concurred to direct staff to come back with a street configuration of two 11-foot wide north/southbound lanes, two six-foot wide bicycle lanes, and an eight-foot wide parking lane. Council Member Henderson requested staff ask the Police Department to review the safety of vehicles backing out into an eight-foot wide parking lane City Council Minutes 13 June 15, 2010 and six-foot wide golf cart/bicycle lane during peak traffic hours and southbound traffic infringing on the parking lane. REPORTS .AND INFORMATIONAL ITEMS Animal Campus Commission -Council Member Franklin reported it was suggested that an ordinance be instituted for certification of pet owners to ensure animal safety; and if the requirement is legislated, there is a problem with providing funding for monitoring the licensing. CVAG Human Community Resources Committee -Council Member Franklin stated the Committee is currently focused on the census. CVAG Homelessness Committee -Council Member Franklin stated the Committee is focused on obtaining funding for the Roy's Desert- Resource Center. IID Energy Consumers Advisory Committee -Council Member Franklin reported the Committee reviewed information about the reorganization of the Imperial Irrigation District. C. V. Conservation Commission (CVCC) /Energy and Environmental Resources Committee -Council Member Sniff reported both entities reappointed the current chairs for another year; and CVCC authorized a significant purchase of two properties; and discussed the possibility of reducing the number of meetings they have: CVAG Public Safety Committee -Council Member Henderson stated she suggested the Committee reduce their number of meetings due to the reduction of business. CVAG Transportation Committee - Council Memt~er Henderson reported they discussed utilizing TUMF and Measure A funding through the 75% allocation formula for reimbursement to the cities; Indian Wells is advancing funds for increasing Highway 111 to six lanes in phases with Phase I to include sound walls, landscaping, and intersection improvements. League of California Cities-Riverside Division - Council Member Henderson reported the next meeting will be Monday in Cathedral City at the Princess Doral Resort. Palm Springs Desert Resort Communities Convention & Visitor's Authority - Councif Member Evans reported the "Bring Your Physician Home" brochure has been submitted to staff and will be distributed to the City Council for review. City Council Minutes 14 June 15, 2010 Sunline Transit Agency -Mayor Adolph reported they approved a balanced budget. CVAG Executive Committee.- Mayor Adolph reported all of the cities in the Valley are participating in the Regional PM-10 program with the exception of the City of India Mayor Adolph expressed appreciation to Planning Director Johnson for his assistance in resolving an issue wherein census takers were not being allowed to enter the Mountain View Country Club. All other reports were noted and filed DEPARTMENT REPORTS In response to Council Member Evans, Building & Safety Director Hartung stated only one application for a golf cart permit has been declined. MAYOR AND COUNCIL MEMBERS' ITEMS Council Member Henderson requested the Community Services Commission and the Planning Commission review the animal bite ordinance for reference. Mayor Adolph- referenced an article published by Robert Sylk in the La Quinta Sun criticizing the City Council for not responding to the "Kill the Jew" game conducted by La Quinta High School students; and stated the City Council took a stand at a previous meeting but the information was not made known to the community. Council Member Evans stated she has received calls from several Jewish physicians inquiring about the City Council's position on the "Kill the Jew" issue; and noted the article in the La Quinta Sun was published in the opinion/editorial section. Council recessed to the Redevelopment Agency meeting to and until 7:00 P.M. Council Member Evans recused herself at this time and indicated she would not be reconvening with the City Council for the public hearing because of a potential conflict of interest due to the close proximity of her. residence to the proposed parking lot and her employer, JFK Memorial Hospital, is owner of the property and she is the representative on the Commercial Owners Association for that parcel. City Council Minutes 15 June 15, 2010 7:00 P.M. PUBLIC COMMENT -None PRESENTATIONS -None PUBLIC HEARINGS 1. PUBLIC HEARING TO CONSIDER ADOPTION OF RESOLUTIONS FOR: 1) CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2006-564; 2) CONDITIONAL USE PERMIT 2006-097 PERMITTING THE CONSTRUCTION OF A CHURCH PARKING LOT; 3) SITE DEVELOPMENT PERMIT 2006-860 FOR THE DEVELOPMENT AND LANDSCAPING PLANS FOR A CHURCH PARKING LOT; AND 4) APPROVING A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF LA QUINTA AND THE CATHOLIC DIOCESE OF SAN BERNARDINO FOR JOINT MAINTENANCE OF A RETENTION BASIN LOCATED ON THE WEST SIDE OF WASHINGTON STREET BETWEEN AVENUE 47 AND AVENUE 48. APPLICANT: PREST VUKSIC ARCHITECTS. (See Council Member Evans recusal referenced above regarding this item.) Principal Planner Mogensen presented the staff report. In response to Council Member Franklin, Public Works Director Jonasson explained the Memorandum of Understanding (MOU) states the dry well will be maintained by the City and the retention basin will be maintained by the church. Council Member Franklin inquired about the different types of lights proposed for the parking lot. Planning. Director Johnson explained different types of lighting are proposed for both aesthetic anti lighting use. He further explained the sodium lighting provides a softer color than the metal halide lighting. In response to Mayor Adolph, he stated metal halide lighting is currently being utilized on the property. Mayor Adolph conveyed concern about the new street configuration with the elimination of the frontage road, and asked if any of the improvements to the parking lot will need to be removed in the future. Planning Director Johnson City Council Minutes 16 June 15, 2010 explained it is possible to complete the expansion with minimal changes in the future; and stated an exit will need. to be connected with the proposed signal at Lake La Quinta Drive. Mayor Adolph requested the process be made as simple and cost-effective as possible, and asked how many years it will take before the landscaping is mature. Planning Director Johnson stated the landscaping will mature in a three to five-year time period. He stated staff's main concern was about the long-term impact of visibility of vehicles from Washington Street because of the elevated parking lot. The Mayor declared the PUBLIC HEARING OPEN at 7:18 p.m. John Vuksic, Architect, reviewed the expansion possibilities and explained changes in the future would be minimal. Ralph Rea, Palm Desert, MSR Engineering, explained that sodium lighting fixtures meet the dark sky ordinance and will be utilized only when church functions occur in the evening hours; the metal halide lighting will be utilized to highlight the pedestrian areas and identify the entry area. In response to Council .Member Henderson, Mr. Rea explained the parking lot will use the high pressure shining cut-off luminary, and the more decorative fixture will be used at the main entry driveway, the area directly in front of the church, and between the old and new parking lots. In response to Mayor Adolph, Mr. Rea stated the light poles will be 10 feet high. Mike Horton, 42-635 Melanie Place, Palm Desert, explained one-gallon plants will be used for ground cover and five-gallon plants for infill; plantings will be closer together than normal to provide a screening effect for the parking lot; half of the trees will be 24-inch boxes .and the other half will be 36-inch boxes; and stated he is confident the landscaping will be mature in three to five years. Council Member Henderson inquired about the reaction to the Planning Commission's requirement .for one to five-gallon plantings.. Mr. Horton stated there was no problem with the requirement. Robert Cox; 78-315 Crestview Terrace, conveyed support for. the parking lot expansion. He would rather -have the exit at Lake La Quinta Drive but understands the reason for the change; asked about the height of the parking lot from the street. Planning Director Johnson stated the highest point is City Council Minutes 17 June 15, 2010 eight feet. Mr. Cox conveyed support for the parking lot improvements and expansion. In response to Council Member Henderson, Mr. Cox stated the resident's discussion of the project turned out very well. There being no additional requests to speak, the Mayor declared the PUBLIC HEARING CLOSED at 7:31 p.m. Council Member Henderson referenced i:he Planning Commission's requirement of additional palm trees and asked staff to indicate where they would be planted. Planning Director Johnson stated the location is yet to be determined but it was discussed to install the palm trees along the Frontage Road. Council Member Sniff asked about the capacity of the retention basin and what will happen when it overflows. Public Works Director Jonasson stated the retention basin will have afive-acre feet capacity but the design is still underway; explained there are other retention basins planned to the north that will accommodate 100-year flooding; and as the retention basin fills, water will exit out to Washington Street, flow to the north toward the median and across the street, ending up at Lake La Quinta. Council Member Sniff stated there was discussion. to direct the water onto Avenue 48 and into the evacuation channel. Public Works Director Jonasson staff believes there is the ability for the overflow to exit Lake La Quinta and into the evacuation channel. Mayor Adolph stated there was discussion several years ago to tie the retention basin in with the basin at the Laing property. Public Works Director Jonasson stated staff reviewed that possibility and determined there was no added capacity and it is better to find extra retention to the north as that is the direction of the flow of the water. Mayor Adolph .stated the City should be able to meet the requirements of overflow once the new retention basin is completed on the Frontage Road. Public Works Director Jonasson stated this project is a work in process and as it moves forward, the traffic signal allows for the removal of the Frontage Road where a retention basin can be considered at that time. City Council Minutes 18 June 15, 2010 RESOLUTION NO. 2010-046 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, CERTIFYING A MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT AND ASSOCIATED MITIGATION MONITORING PROGRAM FOR ENVIRONMENTAL ASSESSMENT 2006-564 PREPARED FOR CONDITIONAL USE PERMIT 2006-097 AND SITE DEVELOPMENT PERMIT 2006-860. (PREST VUKSIC ARCHITECTS) It was moved by Council Members Henderson/Franklin to adopt Resolution No. 2010-046 as submitted. Motion carried 4-0, Council Member Evans absent. RESOLUTION NO. 2010-047 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF CONDITIONAL USE PERMIT 2006-097 TO ALLOW THE CONSTRUCTION OF A CHURCH PARKING LOT AT 43-225 WASHINGTON STREET. (PREST VUKSIC ARCHITECTS) It was moved by Council Members Henderson/Franklin to adopt Resolution No. 2010-047 as submitted. Motion carried 4-0, Council Member Evans absent. RESOLUTION NO. 2010-048 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, GRANTING APPROVAL OF SITE DEVELOPMENT PERMIT 2006-860 TO ALLOW THE CONSTRUCTION OF A CHURCH PARKING LOT AT 43-225 WASHINGTON STREET. (PREST VUKSIC ARCHITECTS) It was moved by Council Members Henderson/Franklin to adopt Resolution No: 2010-048 as submitted. Motion carried 4-0, Council Member-Evans absent. MOTION - It was moved by Council Members Sniff/Franklin to approve a Memorandum of Understanding between the City of La Quinta and the Catholic Diocese of San Bernardino for the long-term maintenance of a retention basin. Motion carried 4-0, Council Member Evans absent. City Council Minutes 19 June 15, 2010 ADJOURNMENT There being no further business, it was moved by Council Members Sniff/Henderson to adjourn. Motion carried unanimously. Respect ly submitted, ~~~~ VERONICA J. NTECINO, City Clerk City of La Quinta, California